28.06.2024 Heard Ms. B Bhuyan, the learned counsel appearing on behalf of the petitioner and Ms. A Saikia, the learned counsel appearing on behalf of the respondent.

2. This is an application under Article 227 of the Constitution challenging the order dated 15.03.2023 passed in Misc(J) Case No.59/2022 arising out of Title Suit No.08/2015, whereby the Court of the learned Munsiff No.1, Sivasagar had rejected the application filed for permitting the petitioner, who is the defendant in the suit to cross examine the plaintiffs’ witnesses and also to adduce defendant’s evidence.

3. This Court has perused the records of the instant proceedings including the petition which was filed being Petition No.353/2021, the order which was passed on 30.03.2022 in Misc.(J) Case No.32/2021 as well as the petition which was filed being Petition No.574/2022 and the impugned order, which has been passed.

4. It appears from the materials on record that it was on the fault of the counsel which had led to the defendant being deprived of cross examination of the plaintiffs’ witnesses as well as adducing defendant’s evidence.

5. Taking into account that a substantive right of defense had been affected of th