ANIL KUMAR TODI Vs. D N ENTERPRISE

JUDGEMENT

(1.) Heard Shri S. Khound, learned counsel for the petitioner. Also heard Shri G. Goswami, learned counsel for the respondent no. 1 who has entered appearance on the strength of a caveat.

(2.) The petitioner is the defendant in the connected Money Suit No. 4/2019 and this petition under Article 227 of the Constitution of India has been filed against an order dtd. 9/5/2023 passed in the said M.S. 04/2019 by the learned Civil Judge, Darrang, Mangaldai.

(3.) Shri Khound, the learned counsel by drawing the attention of this Court to the impugned order dtd. 9/5/2023 has submitted that the prayer for adjournment of the petitioner has been rejected whereby the petitioner has been deprived of an opportunity to contest the case properly as he would not be able to cross examine the plaintiff witness no.1 and plaintiff witness no. 2. He submits that though the examination in chief was filed by way of an affidavit and copies of the said affidavits were furnished, the documents accompanying the affidavits were not furnished. It is submitted that the PW1 in the said examination has exhibited 20 nos. of documents whereas the Pw2 had exhibited 5 nos. of documents and those being voluminous in nature, the petitioner was under the impression that copies of the same would be furnished and therefore, he would be in a better position to conduct the cross examination.