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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Laxminarayan Bagri S/o Late Gakuldas Bagri – Appellant
Versus
Santanu Charan Sarma, S/o Late Bimala Charan Sarma – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. R. Shome, the learned counsel appearing on behalf of the petitioner and Mr. P. Kataki, the learned counsel who appears on behalf of the respondents.
2. The petitioner herein has invoked the supervisory jurisdiction of this Court challenging the order dated 17.12.2024 passed in Misc.(J) Case No.24/2024 arising out of Title Suit No.12/2018 by the learned Court of the Civil Judge (Senior Division), Sivasagar (hereinafter refered to as ‘the learned Trial Court’) whereby the application filed by the plaintiffs for re-examination of the plaintiff witness No.3 was allowed.
3. This Court has duly perused the materials on record and from the materials on record, it is seen that the plaintiff witness No.3 was the Sheristadar of the Court of Munsiff, Sivasgar.
4. It is the specific case of the plaintiffs that during the cross- examination of the plaintiff witness No.3, the defendant got the Treasury Challans exhibited as Exhibit-A1 to Exhibit-A58, and as such, it was necessary on the part of the plaintiffs to re-examine the plaintiff witness No.3 on the Treasury Challans. Under such circumstances, the plaintiffs filed the application seeking re- examinat
A court may permit re-examination of a witness to ensure fairness in proceedings, though it should also impose appropriate costs for belated applications to prevent abuse of process.
The court emphasized that routine adjournments in civil proceedings undermine justice, necessitating strict adherence to statutory limits and the imposition of costs for delays.
Examination-in-chief cannot be considered as evidence without full cross-examination, underscoring the necessity of procedural fairness in court proceedings.
The court ruled that procedural rules should facilitate justice, allowing further cross-examination of a witness to ensure fairness in the trial process.
The court affirmed the power under Section 311 Cr.P.C to re-examine witnesses to ensure just decision-making, emphasizing the prohibition of arbitrary use of this power.
The court may grant an additional opportunity for evidence, subject to the payment of exemplary costs, in cases where the petitioner's conduct warrants such indulgence.
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