CRP 113/2003 BEFORE HON’BLE MR JUSTICE B.K.SHARMA Heard Ms B Devi, learned counsel for the petitioner. Also heard Mr PK Kalita, le arned counsel for the respondents. The present petitioner as the plaintiff has instituted Title Suit No. 273/94 aga inst the defendant who is the respondent herein. The petitioner is aggrieved by the order dated 10.3.2003 and 26.3.2003 passed by the learned Civil Judge (Jr. D vn) No.1, Guwahati declining to grant further adjournment to the plaintiff peti tioner. The review application filed by the petitioner was also dismissed by ord er dated 26.3.2003. Ms B Devi, learned counsel for the plaintiff petitioner submits that for ends of justice plaintiff may be provided with another opportunity. However, Mr PK Kali ta , learned counsel for the defendant submits that having regard to the fact th at the plaintiff took several adjournments in the suit, he is not entitled to an y further adjournment and accordingly the impugned orders are liable to be uphel d. On perusal of the materials on record it appears that the plaintiff had prayed f or an adjournment on the ground of illness. It is submitted that the learned cou nsel for the petitioner that at that point of time the petitioner was about 68 y ears of age. Referring to the medical documents she submits that it is a fit ca se for granting another opportunity to the plaintiff petitioner. Considering the matter in its entirety, I am of the considered opinion that the ends of justice would be met if the plaintiff petitioner is given another opport unity by fixing the matter before the learned Court below on 31.5.2013 on which date the plaintiff petitioner shall appear. Upon such appearance the evidence i n chief already submitted by the plaintiff petitioner may be accepted by the lea rned Court below, upon restoration of the same to file. The defendant will be en titled to cross examine him. The learned Court below may fix suitable date for c ross examination of the plaintiff’s witnesses. In view of the above, the impugned orders dated 10.3.2009 and 26.3.2003 are set aside and quashed. The writ petition is allowed subject to payment of cost of Rs.1500/- to be depos ited with the Registry of this Court on or before 31.5.2013 for utilization of t he High Court Mediation Centre.