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2003 Supreme(Gau) 227

P.G.AGARWAL
Ashok Paper Mills Ltd. – Appellant
Versus
Sanghi Textiles Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: A.S. Choudhury, D.C. Nath, I. Hussain, A. Maleque, R. Mazumdar, R. Ali and N.N. Ahmed, Advs.
For Respondents/Defendant: B.K. Goswami and T. Goswami, Advs.

JUDGMENT

P.G. Agarwal, J.

1. This revision under Section 115 of the CPC is directed against the order dated 25.2.2003 passed in title Suit No. 61/99 by the learned Civil Judge (Sr, Division), Bongaigaon.

The facts :

On 28.7.1994, the respondent plaintiff Sanghi Textiles Limited instituted Title Suit No. 61/99 praying for declaration that the repossession of the mill is illegal and for permanent injunction and an interim injunction was sought for but the said injunction was rejected and the matter came up before this Court in F.A.O. 3/2000, wherein this Court directed for evaluation of the assets of the mills and accordingly a Commissioner was appointed and the Commissioner submitted an inventory. The matter was sent back by the High Court with the direction to the trial court to dispose of the suit within a period of six months vide order dated 1.10.2002 in C.R.R 20/2002. Thereafter, after the completion of the pleading and filing of the list of documents and witnesses, the plaintiff filed affidavits of four witnesses as evidence on 25.2.2003 and the present petitioner defendants filed an application seeking time for cross examination. The defendant also filed an application for appoin






















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