SUSHIL KUMAR DEY Vs. BIMAL CHANDRA DUTTA

JUDGEMENT

(1.) By separate two revision petitions the Petitioners herein as Plaintiff has assailed two orders dated 18.6.2009 passed in Title Suit No. 38 of 2006 by the learned Munsiff No. 1 Jorhat whereby and whereunder Respondent herein was allowed to exhibit Miscellaneous (N.J.) Case No. 352/05 directing to take steps for re-examination of DW2 and by another order passed in Miscellaneous (J) No. 18 of 2009 refused to restore the Miscellaneous (N.J.) Case No. 352/2005 holding that if the Respondent wants to exhibit the challan he can file it in the main suit and can exhibit the same through DW2 who is allowed to stand as a witness in the main suit to give evidence on Miscellaneous (N.J.) case No 352/2005 which are under challenge invoking power under Article 227 of the Constitution of India.

(2.) The factual matrix of the cases being analogous the same are taken up together for disposal.

(3.) For better appreciation of the cases the brief facts are narrated herein below in order to enable the court effectually and completely to adjudicate upon and settle the questions raised in these two revision petitions -