CRP 356/2010 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY Heard the learned counsel for the parties. The petitioner, who is the plaintiff in Title Suit No.21 4/2005 presently pending in the Court of the learned Munsiff No.4, Kamrup at Guw ahati, by the present petition is challenging the order dated 8th July, 2010 pas sed by the learned Court below rejecting the petition No.1674/2010 seeking adjou rnment for production of the PW-1 for cross-examination. Having heard the learned counsel for the parties and upo n perusal of the materials made available on record, in my opinion, a last chanc e is required to be afforded to the petitioner to produce his witness for cross- examination by the defendant. In view of the above, the present petition is disposed o f with the direction that the petitioner shall produces his witness for cross-ex amination by the defendant on 8th November, 2010, i.e. the date fixed in the sai d suit by the learned Court below, and deposits Rs.5,000/- (Rupees Five Thousand ) as cost before the said Court for payment to the respondent/defendant. The lea rned Court below shall allow the defendant to cross-examine the said witness and thereafter shall proceed to decide the suit in accordance with law. In that c ase, the order expunging the examination-in-chief of PW-1 shall stands set aside . In the event such cost is deposited, the same shall be released to the defenda nt/respondent. The payment of such cost is the condition precedent. In case, the petitioner fails to produce his witness for cross-examination on the aforesaid date, i.e. on 8th November, 2010 and to deposit the cost as aforesaid, no furthe r opportunity shall be given to the petitioner to produce the witness for cross- examination by the defendant and in that case, the examination-in-chief of PW-1 shall be treated as expunged and the learned Court below shall proceed to decide the suit. The revision petition is accordingly disposed of with co st.