CRP 64/2011 BEFORE THE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. H. Das, learned counsel appearing for the petitioner-plaintiff. This application has been filed challenging the order dated 25.1.2011 passed by the learned Munsiff No.1, Goalpara in Title Suit No.87 of 2008 rejecting the pra yer for adjournment and closing the evidence of the plaintiff’s side. It is stat ed that after filing the evidence on affidavit, the petitioner-plaintiff submitt ed list of witnesses on 6.2.2010 and he himself was examined as witness. On the next date, i.e. on 4.1.2011 the other witness of the plaintiff was to be examine d but due to his illness, he could not be produced before the learned trial Cour t and therefore, made an application for adjournment and the same was allowed vi de order dated 4.1.2011 and another date was fixed on 25.1.2011 for evidence of plaintiff’s witness. On 25.1.2011, the petitioner-plaintiff filed another applic ation for adjournment as the said witness could not turn up due to illness. The learned trial Court then fixed the matter for evidence of the defendant’s witnes s on 14.2.2011. It is stated that the plaintiff has only one witness to be exami ned in support of his case and it will cause injustice if he is not allowed to e xamine him. It is also submitted that the next date for evidence of the defendan ts-witness is fixed on 10.3.2011. It is an admitted position that the evidence of the defendant’s witness is yet t o commence and in my considered view, no prejudice would be caused to the other side if the plaintiff is allowed another chance to examine his only witness for the interest of justice. After all he is the plaintiff and it cannot be said tha t he was negligent in taking necessary steps for producing his witness. In view of the above, in the interest of justice the impugned order dated 25.1.2 011 is set aside and quashed with a direction to the learned trial Court to prov ide one and last chance to the petitioner-plaintiff to produce his witness subje ct to the payment of Rs.1,000/- (Rupees one thousand) only as cost. The civil revision petition stand disposed of.