PRASANTA KUMAR KATONI Vs. TUNIRAM KATONI

JUDGEMENT

(1.) THIS revision is directed against the order, dated 27. 05. 2005, passed by the learned Civil Judge (Junior Division) No. 1, Jorhat, in Title Suit No. 44/93, dismissing the suit.

(2.) BEFORE I enter into the legality of the impugned order, it is necessary, for effective disposal of the present revision, that the material facts leading to the present revision are taken note of. These facts are, in a nutshell, thus: The suit, in question, was instituted in the year 1997 and the suit came to be fixed for recording of the plaintiff's evidence, for the first time, on 17. 08. 1995. A number of adjournments were obtained by the plaintiff's for examination of the plaintiff No. 1, who was to be examined as witness No. 3 for the plaintiffs, the adjournments having been obtained on 22. 01. 1996, 19. 03. 96, 13. 02. 2001, 08. 03. 2001, 20. 09. 2001, 16. 11. 2001, 07. 12. 2001, 11. 01. 2002, 07. 02. 2002, 22. 03. 2002, 26. 04. 2002 and 06. 06. 2002.

(3.) AFTER the Code of Civil Procedure (Amendment) Act, 2002, came into force with effect from 01. 07. 2002, the plaintiffs sought for, and obtained, adjournment of the hearing of the suit for examining the plaintiff No. 1 as a witness on 17. 08. 2002, 13. 09. 2002, 15. 02. 2003, 06. 03. 2003 and 21. 03. 2003.