JUDGMENT :

1. Heard Mr. D. Mazumdar, learned senior counsel appearing as amicus curiae in this case. I have also heard Mr. S. Dey, learned counsel appearing for the petitioners and Mr. S. Hoque, learned counsel for the respondents.

2. Whether a party can be permitted to file additional evidence-in-chief of a witness who has been partly cross-examined, is the core question arising for consideration of this court in the present proceeding. The facts necessary for disposal of this petition are as follows :-

The petitioners are the defendants in Title Suit No. 59/2007 pending before the Munsiff Court, North Salmara, Abhayapuri. The petitioners have contested the suit by filing their written statements. After the closure of evidence of the plaintiffs’ side, the defendants had submitted the examination-in chief on affidavit of two witnesses, i.e. DWs-1 and 2. Thereafter, the DW-1 was partly cross-examined on 12-03-2014 and the matter was fixed again on 23-04-2014 for further cross examination of the DW-1. On the next date fixed, i.e. 23-04-2014, there was a change of counsel appearing for the defendants and the newly engaged counsel had prayed for time to prepare for cross examination of th