MALIKA BEGUM Vs. ARUN ALI AND OTHERS

JUDGEMENT

(1.) Heard Ms. P. Baruah, learned counsel, appearing for the plaintiff/petitioner. None has entered appearance on behalf of the defendants/respondents though the names of the learned counsels for the respondents/defendants have been shown in the cause list.

(2.) Ms. Baruah submits that the present petitioner filed T.S. No. 82/2006 in the court of the learned Munsiff No. 2, Sivasagar praying for decree of right, title, interest and possession over the suit land. The said suit was contested by the defendants/respondents by filing their written statement. On the basis of the pleading, the trial court framed issues where after the matter was fixed for evidence of the plaintiff's side. The plaintiff's side filed evidence on affidavit of three witnesses including the plaintiff/petitioner on 13.8.2009 and 6.7.2010. Thereafter the case was fixed for cross examination of the plaintiff and other witnesses on behalf of the plaintiff's side.

(3.) Ms. Baruah further submits that at that relevant stage of the suit, the plaintiff/petitioner fell ill which was serious in nature. The petitioner, who is the sole member of the family without there being any male member as such she was entirely dependant on her counsel but owing to her illness she could not keep regular contact with her counsel.