SUNIL KUMAR SURANA Vs. GAJARAJ SURANA

JUDGEMENT

(1.) THE petitioner herein is the defendant in Title Suit No. 492/2007, which is presently pending in the Court of learned Munsiff No. 3, Kamrup, Guwahati. On 24. 02. 2009, the defendant, in the suit, filed evidence, on affidvit, of two witnesses as DW 1 and DW 2. Along with the evidence, on affidavit, so filed, the defendant also filed a petition praying for, inter alia, allowing him to adduce evidence of two more witnesses, namely, Smti. Ratni Devi Surana and Sri Ram Gopal Kejriwal. The relevant portion of the petitioner's said petition is reproduced below :

(2.) ON the above petition, filed by the defendant, learned Court below passed an order, on 24. 02. 2009, which reads as under:

(3.) FROM a careful reading of the petition, which the petitioner had filed, and the orders passed thereon, what becomes clear is that the petitioner had sought to examine two witnesses, whose names had not appeared in the list of witnesses, which the petitioner, as defendant, had filed in the suit. On the petition, so filed, though the learned trial Court had initially passed an order, on 24. 02. 2009, allowing the defendant's prayer to file the evidence of the two witnesses aforementioned on affidavit, the learned trial Court, having realized the fact that it ought not to have allowed the defendant's petition without giving liberty of showing cause and hearing to the plaintiff, passed the subsequent order, dated 24. 03. 2009, permitting the plaintiff-opposite party to file objection.