RAMJI SINGH Vs. ASMI COMMERCIALS PVT. LTD.

JUDGEMENT

(1.) Heard Mr. SP Roy, the learned counsel for the petitioner as well as Mr. Dilip Mozumdar, the learned Senior Counsel appearing for the respondents.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 4.11.16 passed by the Court of the learned Civil Judge, No.2, Kamrup (Metropolitan), Guwahati in Misc. (J) Case No.52/2015 arising out of T.S. 53/2015. By the said order the petition No. 2337/16 dated 30.05.2016, filed by the petitioner- plaintiff under Order XIX Rule 2 CPC was dismissed.

(3.) A very lengthy argument was advanced by the both the learned counsel for the petitioner on the matter, which is otherwise a very minor issue involved in the case. The point involved is whether under the facts and circumstances of the case, it was incumbent on the part of the learned trial court to call for a deponent filing affidavit in support of written objection filed in injunction application to face cross examination by the petitioner- plaintiff.