CRP 64/2007 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Bora, learned counsel for the petitioner and Mr. Goswami, learned coun sel appearing for the respondent Nos.3 to 7. It appears from the order dated 4th November, 2011 of the Lawazima that the serv ice is complete. As agreed to by the learned counsel appearing for the parties, the revision peti tion is taken up for hearing and disposal today itself. The defendant No.6 has filed this petition challenging the order dated 8th Febru ary, 2007 passed by the learned Civil Judge, Senior Division, Jorhat in Title Su it No.23/2005, whereby and whereunder due to absence of the defendants, the exam ination of plaintiffs’ witness is closed by observing that absence of the defend ants’ tantamounts to refusal to cross-examine the plaintiff. In paragraph 3 of the revision petition, the defendant No.6 stated on oath that his counsel reached the Court at 10-30 AM because of certain difficulties and fo und that the impugned order has already been passed. It has also been stated on oath that in fact the plaintiffs were also absent on that date. There is no co unter to such statement on oath. Keeping in view the aforesaid position, the order dated 8th February, 2007 is se t aside. The learned Court below is directed to give a further opportunity to t he defendant No.6 to cross-examine the plaintiffs’ witness. The learned Court b elow shall fix a date for that purpose. In the event, the defendant No.6 does n ot cross-examine the plaintiffs’ witness on that date, no further opportunity sh all be granted. Since disposal of the proceeding has been delayed because of th e lapse on the part of the defendant No.6, they will pay the cost of Rs.5,000/- to the plaintiffs, which shall be deposited on the date fixed by this Court for appearance. The parties appearing before this Court are directed to appear before the learne d Civil Judge, Jorhat on 23rd January, 2012. Since the plaintiffs have not cont ested the present proceeding, the learned Civil Judge shall issue notice on the plaintiffs for their appearance. The revision petition is accordingly allowed with costs as aforesaid.