CRP 143/2009 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY In impugnment is the order dated 17.03.2009, passed by the learned Munsiff No. 1 , Karimganj in TS No.58/2005 expunging the affidavit evidence of PW 1 (petitione r-plaintiff) for his persistent failures to present himself for his cross-examin ation by the defendants. I have heard Dr. YK Phukan, Senior Advocate assisted by Ms. Bora, Advocate for t he petitioner and Mr. MK Choudhury, Senior Advocate assisted by Mr. M Dutta, Adv ocate for the opposite party Nos. 1 to 4. Also heard Mr. KK Das, learned counsel for the respondent Nos. 6 & 8. The facts necessary for the disposal of the instant petition, in short, reveal t hat after the aforementioned suit was instituted by the petitioner-plaintiff, he , in the month of March, 2008, submitted his affidavit evidence. Thereafter, the suit was fixed on several dates and it was, eventually, fixed on 05.11.2008 for his cross-examination. In between, as asserted by the respondents-defendants, t he suit had been fixed on 17.07.2008 for the same purpose. However, as the petit ioner-plaintiff sought adjournment, his cross-examination was not done. On 05.11 .2008, though the petitioner-plaintiff attended the Court he had to leave its pr ecincts as he suddenly fell unwell. The suit was next fixed on 25.02.2009 for th e same purpose, but, as the Presiding Officer was on leave, the same could not m aterialize and the next date was fixed on 17.03.2009 for the cross-examination o f the petitioner-plaintiff. According to him, he was seriously unwell and not in a position to attend the Court. He having communicated to his learned cousnel h is state of disability on account of illness, a petition for adjournment was fil ed, which, however, was dismissed by the impugned order. Whereas, the learned Senior counsel for the petitioner has urged that the earlie r adjournments having been granted by the learned trial court on being satisfied about the genuineness and sufficiency of the grounds shown and that the petitio ner-plaintiff being ill could not attend court on 17.03.2009 and that thus, the impugned order, if allowed to stand, would result in serious injustice to him, M r. Choudhury, has submitted that having regard to the admitted fact as borne out by the records that the petitioner had failed to appear for cross-examination o n a number of dates, the impugned order ought not to be interfered with. Upon hearing the learned counsel for the parties and on a consideration of the m aterials on record, this Court, having regard to the ground cited by the petitio ner-plaintiff for its inability to attend court on 17.03.2009, considers it appr opriate, in the interest of justice, to afford him an opportunity to adduce evid ence in the suit. While holding this view, this court does not, in any way, seek to conclude that the learned trial court had been mistaken in passing the impug ned order. Be that as it may, to reiterate, in the singular facts and circumstances of the case and in the interest of justice, it is considered appropriate that the petit ioner-plaintiff be afforded an opportunity to adduce his evidence in the suit. In the above view of the matter, the impugned order dated 17.03.2009 is interfer ed with. The parties would present themselves before the learned trial court on 13.06.2011 to take further order(s) in the suit. Before parting, it is observed, having regard to the number of adjournments gran ted to the petitioner-plaintiff, that he would co-operate with the proceedings i n the suit and ensure to present himself for cross-examination and examine other witnesses, if any, with utmost expedition. Liberty is also granted, needless to say, to the learned trial court to pass appropriate order(s), in case, the peti tioner-plaintiff fails in future to assist in the progress of the suit in absenc e of convincing and compelling reasons. The learned trial court is requested to expeditiously dispose of the suit and make an endeavour to that effect to comple te the adjudication within a period of six (6) months herefrom. The petition stands disposed in the above terms. No costs.