SUTAPA DHAR Vs. DEBAJYOTI DAS CHOUDHURY

JUDGEMENT

(1.) Heard Mr. A. Das, the learned counsel appearing on behalf of the Petitioner and Mr. D. Nandi, the learned counsel appearing on behalf of the Respondent.

(2.) This is an application filed under Article 227 of the Constitution challenging the order dtd. 5/10/2023 passed by the Court of the learned Civil Judge (Senior Division) No.2, Kamrup (M) at Guwahati in Title Suit No.501/2016 whereby the learned Trial Court had imposed a cost of Rs.5,000.00 while granting an adjournment to the defendant at the stage of cross examination of the Defendant No 2.

(3.) This Court has duly taken note of that the defendant was given the opportunity to adduce her evidence way back on 23/11/2017. Thereupon, for the next 6 (six) years, the defendant had not been able to complete her evidence. It is further seen that the learned Trial Court vide the impugned order dtd. 5/10/2023 had granted an adjournment by imposing a cost of Rs.5,000.00 with a further direction to produce the Defendant witness No.2 to face cross-examination on the next date. It is under such circumstances, the supervisory jurisdiction of this Court is invoked.