THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. AJIR UDDIN AND 5 ORS
Case at a glance
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 O. XXVI r. 10
Judgment
For the Petitioner(s) : Ms. R. Choudhury, Advocate For the Respondent(s) : Mr. S. Y. Ahmed, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date : 04.03.2024 ORDER
The instant petition under Article 227 of the Constitution has been filed challenging the order dated 18.05.2023 whereby the learned Court of the Munsiff No.1, Karimganj had rejected the petition filed by the Plaintiff to reject the Expert Report dated 17.03.2020 and further seeking a direction to send the thumb impression of the plaintiff for examination.
The learned counsel appearing on behalf of the Petitioner submitted that there was a mistake committed by the lawyers conducting the case of not availing the opportunity in terms with Order XXVI Rule 10(2) of the Code seeking the cross-examination of the Commissioner and thereupon filing an appropriate application if something could be discerned on the basis of the said cross-examination. She further submitted that she would not like to press the instant petition however liberty may be given to the Petitioner to avail the remedies under Order XXVI Rule 10 of the Code of Civil Procedure, 1908. Page No.# 3/3
Taking into account the above, this Court closes the instant petition. However taking into account that there is a vital right conferred upon the parties to the suit to examine the Commissioner in terms with Order XXVI Rule 10(2), this Court grants liberty to the plaintiff/petitioner to file an appropriate application before the learned Court of the Munisiff No.1 on or before the next date so that the learned Court below can take appropriate decision on the said aspect.
Taking into account that both the parties are duly represented, this Court directs both the parties to appear before the learned Trial Court again on
27.03.2024 and the plaintiff/petitioner would be at liberty to file an application on or before the said date in terms with Order XXVI Rule 10(2) of the Code and if such application is filed, the learned Court below shall take appropriate decision in accordance with law without being influenced by the order dated
18.05.2023.
The interim order which was passed on 26.06.2023 stands vacated. Comparing Assistant JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908 — O. XXVI r. 10.
Which court decided this case, and when?
Gauhati High Court, on 04 Mar 2024. The bench was DEVASHIS BARUAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.