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Judgment
[1] Heard Mr. S. Debnath, learned counsel appearing for the petitioner.
[2] Despite the order dated 10.12.2019, none appears to represent the respondent who filed the suit in the court of the Civil Judge, Senior Division, South Tripura, Belonia being MS 01 of 2017.
[3] This is a petition under Article 227 of the Constitution of India to challenge the legality of the order dated 25.07.2019 passed by the Civil Judge, South Tripura, Belonia in the said suit. For purpose of reference, the entire text of the order is reproduced hereunder:
Shri S. K. Singh Chief Judicial Magistrate, South Tripura, Belonia MS-01 of 17
25.07.2019
Ld. Advocate for the plaintiff is present.
Ld. Advocate for the defendant filed a time prayer but not present when the case is taken for hearing.
Ld. Advocate for the plaintiff also submitted that the time prayer filed by the Advocate is not appointed by the defendant and he is also not file Vokalatnama.
Accordingly, time prayer may be rejected and the chapter of cross examination of DWs may be closed.
I find force in the submission of Ld. Advocate for the plaintiff. Thus, the application of time prayer is hereby rejected and the chapter of cross examination of DWs is hereby closed.
[4] Mr. Debnath, learned counsel has fairly submitted that the engaged counsel, namely Ajit Biswas, was away from the state to attend a medical emergency. No other counsel was engaged by the defendant, but on instruction of Mr. A. Biswas, the engaged counsel, another counsel filed one application seeking some accommodation so that the defendant could carry out the cross examination on any other day. By the impugned order, that prayer has been rejected on solitary ground that the application for adjournment was not filed either by the petitioner or by any engaged counsel.
[5] Mr. Debnath has quite succinctly submitted that at the instance of the plaintiff-respondent, several adjournments were granted and that dragged the proceeding unnecessarily. But, under a very emergent circumstances, when the court was apprised and urged for a short accommodation, the said order has been passed.
[6] Be that as it may, having regard to the substantial end of justice, this court is of the view that one solitary opportunity be afforded to the defendant-petitioner for cross examination of the witnesses of the plaintiff. Accordingly, this order stands set aside.
[7] The Civil Judge, Senior Division, South Tripura, Belonia is directed to fix a date for cross-examination of the PWs by the defendant. If, on that date, as would be posted by him, the defendant, for any reason, fails to cross-examine the witnesses of the plaintiff, no further opportunity may be allowed to him.
This order has been passed subject to direction to make payment of Rs.1000 (Rupees one thousand) to the plaintiff-respondent within 15 days from today as costs.
In terms of the above, this petition stands allowed and disposed of.