KHARGESWAR CHOUDHURY Vs. ISFAQUE HUSSAIN

JUDGEMENT

(1.) The factual matrix of this case depicts the callousness and lacklustre attitude on the part of a lawyer conducting a case. A time has come when some authority must step in and take an appropriate step against such a lawyer because such a lawyer is not only a black sheep to this institution but also has caused grave injustice to the litigant public. I do not want to proceed in this matter and I leave it here. This is the preface.

(2.) A suit was filed by the opposite party being TS 42/87 before the learned Asstt. District, Judge No. 1 at Guwahati against one Ram Chandra Gowala, who was the principal defendant. That suit was contested by the defendant No. 1 by filing written statement and the written statement was filed on 5.1.90. Thereafter the suit proceeded as usual and the "plaintiff was examined on 17.3.92. Learned lawyer for defendant took time to cross examine the witnesses. In the meantime the sole defendant died on 4.2.93, due to prolong illness. The fact that he was suffering from various diseases from 1991 it will be eviident from documents at 9 series. Be that as it may, thereafter the witness was never cross- examined and lawyer of the defendant also did not appear in the suit and ultimately this suit was decreed ex-parte on 10.9.92 vide Annexure-10 to this application. Issue No. 7 in the suit reads as follows : "Whether the plaintiff has got right, title and interest over the suit land and is entitled to vacant possession ?"

(3.) The findings arrived at by the learned Judge on Issue No. 7 is as follows: