3.1 When the matter stood thus, during pendency of the suit, the Defendant filed an application to direct the Plaintiff to adduce her evidence in the suit prior to in the CMA. While adjudicating the petition, the aforesaid impugned order has been passed. It is submitted by Mr. Bhuyan, learned counsel for the Plaintiff/Petition that it would be very difficult to adduce evidence in both the suit as well as the CMA simultaneously and by that the witness who is to be examined both in the suit as well as CMA will be exhausted. There will be a lot of confusion in the cross-examination of the witnesses. Hence, the direction made by learned trial Court is not sustainable. It is his submission that although the order was passed in the year 2020, but the limitation in filing the CMP should be condoned taking into consideration the guidelines in ( In Re: Cognizance for Extension of limitation with Miscellaneous Application No.29 of 2022 ) for condoning the delay in filing the proceedings during outbreak of COVID19, which was in force still 31st March, 2022. But the CMP has been filed on 16th January, 2023. Thus, the limitation, if any in filing the CMP should be condoned.
