CRP 332/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. S. S. Sarma, learned counsel for the petitioner. The petitioner herein is the defendant No. 1 in Title Suit No. 7/2009, pending i n the Court of the learned Civil Judge, Bongaigaon. During the progress of the suit, the defendants adduced evidence by examining four witnesses, namely, DW1, DW2, DW3 and DW4. While three of the witnesses, namely, DW1, DW2 and DW4 were c ross-examined and discharged, DW3 could not be cross-examined, according to the petitioner, due to his illness. By filing an application, therefore, the defend ants sought for expunging the evidence of DW3 and for allowing them to examine a nother witness, whose name had not been mentioned in the list of the witnesses f iled by the defendants. By the impugned order, dated 21.07.2011, the learned tr ial Court has rejected the defendants’ prayer to examine the new witness. Aggri eved by the decision, so reached by the order, dat3ed 21.07.2011, aforementioned , the defendant No. 1 has filed this revision. While considering the present revision, it needs to be noted that merely because of the fact that defendant No. 3 was sick, his evidence could not have been exp unged nor could a new witness have been allowed to be examined unless a stage wa s reached, where DW3 was found incapable of giving evidence in all circumstances . To a pointed query, made by this Court, it could not be submitted, on behalf of the petitioner, that DW3 cannot be cross-examined on commission. In such cir cumstances, there is a remedy that DW3 be cross-examined on commission. As the scope for cross-examination of DW3, on commission, presently exists, this Court does not find that the defendant No. 1-petitioner has been able to make o ut any case warranting interference by this Court with the impugned order, dated 21.07.2011, in exercise of this Court’s power under Article 227. This revision petition is, therefore, not admitted and the same is dismissed wit h liberty granted to the defendants to get DW3 cross-examined on commission. With the above observations and directions, this revision shall stand disposed o f.