CRP 299/2003 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B. LOKUR The petitioner is aggrieved by an order dated 6-6-03 passed by the learned Civil Judge, Sr Division, Jorhat in MS No.47/02. The petitioner through his advocate moved an application praying for time to fil e the evidence on affidavit. However, the adjournment was declined since the pet itioner had asked for adjournments on earlier dates also. Learned counsel for the petitioner informs me that the petitioner had taken an a djournment only twice before and it is not as if the petitioner had been unneces sarily dragging the proceedings. It is submitted that the respondent has been pr oceeded against ex parte and, therefore, it was to the petitioner’s advantage t o have the matter expedited. In view of the above submissions, this is a case for interference that there was no sufficient reason for the learned Civil Judge, Sr Division to have dismissed the suit. Under the circumstances the impugned order is set aside. The matter is remanded back for consideration by the learned Civil Judge, Sr Division, Jorhat. The petitioner will appear before the learned Civil Judge, Sr Division on 26-11- 2010 alongwith the evidence by way of affidavit. The evidence by way of affidavit will be taken on record only if the petitioner produces a receipt of payment of costs of Rs.5000/- payable to the Assam State L egal Services Authority. Send back the lower court records immediately.