CRP 145/2009 BEFORE THE HON’BLLE MR. JUSTICE B. D. AGARWAL Heard Mr. T.C. Khatri, learned Senior counsel for the petitioners. Vide order dated 26.3.2009 passed in Title Suit No. 19 of 2008 the learn ed Munsiff No.2, Mangaldoi has expunged the evidence of three plaintiffs for the ir non-appearance for cross examination for more than three occasions. Being agg rieved with this order the plaintiffs have preferred this revision application u nder Article 227 of the Constitution of India read with Section 115 of CPC. The Respondents have not appeared despite being notified. Mr. T.C. Khatri, learned counsel for the petitioners has submitted that the delay in disposal of the suit took place due to death of defendant Nos 4, 6 and 13 and substitution of their legal heirs and not due to any criminal neglige nce on the part of the plaintiffs. Mr. Khatri has also submitted that affidavit evidence of as many as 8 witnesses were submitted and out of them 5 witnesses ha ve already been cross examined. However, the remaining witnesses could not appea r on fixed dates due to varying reasons. According to the learned counsel, one o f the witnesses, Sri Paresh Sarma was on election duty and another witness, Sri Taranath Deb Sharma, is a 70 years old person and due to his old age ailments he could not appear in the court. Documents of election duty and medical illness f or the aforesaid two witnesses have been produced. However, no sufficient ground s have been shown for recalling the witness, Sri Jogendra Sharma. In view of the fact that the majority of the witnesses have already been cross examined the defendants would not suffer any prejudice if the remaining w itnesses are also allowed to be cross examined. As submitted by the learned coun sel the witnesses includes plaintiff No. 3 and if the evidence of such an import ant witness is scored out of the record, it will result into miscarriage of just ice. In view of the aforesaid submission the prayer is partly allowed. The learned trial court is directed to allow the witnesses, namely, Sri Paresh Sarma and Sri Taranath Deb Sharma to be cross examined by the defendants. The impugned order dated 26.3.09 is set aside to this extent. The petitioners a re directed to produce the witnesses on 17.7.2009 in the court for cross examina tion. Since the time is short, the Registry shall supply a certified copy of t his order to the petitioners on priority basis. The revision application stands disposed of.