CRP 213/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mrs. N. S. Thakuria, learned counsel for the petitioners. Also heard Mr. B . Sarma, who enters appearance by filing Wakalatnama on behalf of the sole respo ndent. The challenge made in this revision petition is an order dated 11.6.2009 passed by the learned Munsif No. 4, Guwahati by which the court below rejected the pray er of the petitioner to adduce evidence in support of the contention of the peti tioner in the misc. case. The aforesaid misc. case arises out of certain allegation regarding viol ation of the order of status-quo granted by the trial court in Misc.(J) Case No. 313/2008 on 25.9.2008. If proved, the case as projected by the petitioner in t he aforesaid misc. case, it may have serious penal consequences against the oppo site party-plaintiff and in such case a stricter proof is necessary. Mr. B. Sarma, learned counsel appearing for the respondent has registered his no objection in allowing to adduce evidence by the petitioner in the aforesaid mis c. case. The learned trial court rejected the prayer for allowing to adduce evid ence on the ground that the petitioner has filed his written statement in the su it and on such a ground the prayer for allowing to adduce evidence cannot be rej ected. The misc. case stands totally on different footing, where the subject mat ter of enquiry is as to whether the plaintiff has violated the order of status-q uo or not, which is not in the main suit. In that view of the matter, the learned trial court committed jurisdictional er ror having failed to apply its mind judicially in rejecting the prayer of the pe titioner to adduce evidence and accordingly the impugned order dated 11.6.2009 s tands set aside and quashed. The learned Munsif shall allow the petitioner to adduce evidence in the aforesai d misc. case. The aforesaid misc. case arises out of Order 39, Rule 2 A by which the original suit is not to be effected and the learned trial court may proceed with the original suit as per law, detaching from this Misc. Case, if felt nece ssary. With the above directions and observations, this revision petition stands allowe d.