LAWS(GAU)-2023-11-1

KANGKAN KISHORE BORAH Vs. STATE OF ASSAM

Decided On November 09, 2023
Kangkan Kishore Borah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. S.P. Das, learned counsel for the petitioner. Also heard Mr. T.R. Gogoi, learned counsel for the respondent No. 1 and Mr. M. Boro, learned counsel for the respondent No. 2.

(2.) The petitioner Kangkan Kishore Borah instituted T.S. No. 497/2013 in the Court of Civil Judge No. 1, Kamrup at Guwahati praying for a declaration that the letter dtd. 16/8/2013 issued by the defendant no. 4 therein namely the Secretary Jyoti Chitraban, Film Studio Society to be bad in law, in-operative and not binding upon the plaintiff and further for a declaration that the defendants are jointly and severally liable to pay a sum of Rs.29,02,167.00 (Twenty Nine Lakhs Two Thousand One Hundred Sixty Seven) with pendentillite and future interest and certain other reliefs as indicated in the prayer of the plaint.

(3.) In the proceeding before the learned Civil Judge No. 1, Kamrup, the matter was placed before the learned Advocate Commissioner for the purpose of adducing oral evidence of the witnesses of the parties. The cross examination of DW.2 namely Ranjan Hazarika was fixed before the learned Advocate Commissioner on 21/1/2023. But on the said date, the plaintiff made a request to the learned Advocate Commissioner that the cross examination be deferred as the learned counsel Mr. S.P. Das who was to lead the cross examination on behalf of the plaintiff was inconvenienced inasmuch as he was performing the Annual Shradha of his mother. The learned Advocate Commissioner appears to have refused the request for adjournment and compelled the learned counsel who appeared before the learned Advocate Commissioner to proceed with the cross examination.