KAILASH CHANDRA SARMA Vs. BIRAJ KRISHNA DAS

JUDGEMENT

(1.) HEARD Mr. R. Sarma, learned counsel appearing for the petitioner as well as Mr. S. Sarma, learned counsel for the respondents.

(2.) BY this revision petition, the petitioner/plaintiff is assailing the order dated 8-5-2008 passed by the learned Munsiff No. 3, Kamrup, Guwahati in Title Suit No. 167 of 2006 debarring the petitioner/plaintiff from cross-examination of the D. W. No. 2, sri Diju Kalita and D. W. No. 4, Sri Robin goswami.

(3.) ON hearing the submission of the learned counsel appearing for the parties, it appears that D. W. No. 3 was partly cross-examined on 28-3-2008 and further examination of the d. Ws. was fixed on 8-5-2008. On 8-5-2008, D. W. No. 3 did not appear before the Court for further cross-examination. On that day a petition No. 940 of 2008 was filed by the respondents/defendants which was supported by a medical certificate that the d. W. No. 3 could not appear before the Court for further cross-examination due to illness. On that day, i. e. on 8-5-2008, the D. W. No. 2, Sri Diju Kalita and d. W. No. 4, Sri Robin Goswami appeared before the Court. The petitioner/plaintiff instead of cross-examining the D. W. Nos. 2 and 4, who were present before the Court, filed an application for adjournment of the cross-examination on the ground that the petitioner/plaintiff was not prepared for cross-examination of the D. W. Nos. 2 and