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2022 Supreme(Gau) 85

ROBIN PHUKAN
Mridul Baruah, S/o. Lt. Abinash Baruah – Appellant
Versus
Abdul Ahad Ahmed, S/o. Abdul Karim Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Biswas

JUDGMENT :

1. Correctness or otherwise of the order dated 19.11.2020, passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati, in Title Suit No. 343/2015, is challenged in this Civil Revision Petition under Article 227 of the Constitution of India readwith Section 151 of the Code of Civil Procedure. It is to be mentioned here that vide the impugned order, dated 19.11.2020, the learned Civil Judge No. 2, Kamrup (M), Guwahati, rejected the Petition No. 4269/2018, filed by the petitioner as plaintiff for summoning the DTO, Kamrup (M), as witness as well as production of record from his office in respect of 2 (two) vehicles bearing Registration Nos. AS-01DD-7133 & AS-01DD-7185.

2. The factual background leading to filing of the present petition is briefly stated as under:-

    “The petitioner instituted a Civil Suit against the respondent, being Title Suit No. 343/2015, for specific performance of contract of 2 (two) oral agreements that have been entered into by the petitioner and the respondent in respect of 3 (three) vehicles bearing Registration Nos. AS-01DC-8752, AS-01DD-7133 & AS-01DD-7185. The respondent contested the said Suit and submitted Written Statement-cum-Counter Claim. W

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