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2022 Supreme(Gau) 637

MARLI VANKUNG
Kesari Chand Goel, S/o. Late Ramawatar Agarwal – Appellant
Versus
Santosh Kumar Agarwal, S/o. Late Ramawatar Agarwal – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Mazumder.
For the Respondent: Mr. B. Dutta.

JUDGMENT :

Heard Mr. S. Biswas, learned counsel for the petitioner along with Mr. S. Deka, learned Sr. Counsel for the opposite party.

2. This is a revision petition filed against the impugned Order dated 30.04.2019 passed in Title Suit No.16/2017 by the Civil Judge, Hailakandi, in which the cross examination of Pw-1 was expunged and against the order dated 31.08.2019 in Misc. Cases No.65/2019 wherein the prayer for allowing the petitioner/defendant to cross-examine the Pw-1 witness was rejected.

3. The case of the petitioner is that the respondents/plaintiffs had filed a suit being T.S. No.16/2017 before the learned Court of Civil Judge, Hailakandi, for a decree declaring that the petitioner/defendant is not entitled to claim and/or demand any interest and/or right, title, interest and authority over the Schedule A and/or other property, owned by Sri Ramawatar Agarwal (since deceased) as mentioned in the Title Suit No. 16/2017. The petitioner/defendant filed his written statement denying all the averments made in the plaint. The case was proceeded with and on 30.04.2019 the case was fixed for cross examination of the Pw-1. However, on that day, the engaged counsel appearing on behalf

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