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2025 Supreme(Online)(GAU) 254

HIGH COURT OF GAUHATI
MR. JUSTICE ROBIN PHUKAN, J
DWIJENDRA NATH SAHA AND ANR – Appellant
Versus
INLAND WATERWAY AUTHORITY OF INDIA AND 4 ORS – Respondent


Advocates:
MR. K K DEY, MR V K BAROOAH, SC, IWT, GA, ASSAM, SC, PWD

ORDER :

(ROBIN PHUKAN, J.)

Heard Mr. K.K. Dey, learned counsel for the petitioners. Also heard Ms. M.D. Borah, learned Standing counsel for the respondent No. 2; Mr. K.K. Bhattacharyya, learned Government Advocate for the respondent Nos. 3 and 4 and Ms. S. Sarma, learned Standing counsel for the respondent No. 5.

2. In this petition, under Article 227 of the Constitution of India, , the petitioners have put to challenge the correctness or otherwise of the order dated 29.11.2024, passed by the learned Additional District Judge, Dhubri, in petition Nos. 374 and 375, arising out of L.A. Case No. 2/2020.

3. It is to be noted here that vide impugned order dated 29.11.2024, the learned Additional District Judge, Dhubri (‘trial Court’, for short) had dismissed the petitions filed by the petitioners under Order 11 Rule 5 of the CPC for production of document from the Circle Officer, Dhubri Revenue Circle on the ground that the cause of action of the L.A. is of the year 2009-10 and the matter is pending at the stage of argument and allowing the petition would tantamount to giving opportunity to bridge the gap and lacuna to the petitioner at the belated stage and therefore, dismissed the same.

4.

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