GYAN CHAND JUNEJA Vs. MITUN GHOSE

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India read with Sec. 151 of the Code of Civil Procedure, 1908 challenging, inter alia, orders dtd. 2/3/2020 and 18/2/2021 in Title Suit No. 470/2017. In the aforesaid Title Suit, the learned Civil Judge, Sr. Division, No. 3, Kamrup (M) (hereinafter, learned Judge) had closed the evidence of the plaintiff witness without being cross examined and the defendant evidence has also been closed. It is contended that the aforesaid orders suffer from legal infirmity and are not sustainable in law. Therefore, the present application has been filed.

(2.) Before going to the issue which has arisen for determination, the brief facts of the case can be narrated as follows.

(3.) The present petitioner is the defendant, who is the tenant in the aforesaid suit which was instituted for ejectment. The respondent is the plaintiff, who had instituted the Suit for ejectment on the ground of default.