CRP 4/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Rajbarbhuiyan, learned counsel for the petitioners. The petitioners, who are the defendants in Title Suit No.20/2006 pending in the Court of learned Civil Judge, Hailakandi, has filed this petition challe nging the orders dated 05.06.2010 and 01.12.2010 rejecting the prayer of the pet itioners to allow them to examine one Shamsul Huda Choudhury as witness. The petitioners initially filed an application praying for allowing them to examine one Shamsul Huda Choudhury to prove a document executed by Nurun Nes sa Choudhury in his favour so as to establish that Nurun Nessa Choudhury is the daughter of Mahmud Choudhury, who executed the sale deed in favour of the defend ants, since the plaintiff has denied that Nurun Nessa Choudhury is the daughter of Mahmud Choudhury. The said prayer was rejected vide order dated 05.06.2010 by holding that by proving a document executed by Nurun Nessa Choudhury, the claim of the defendants that Nurun Nessa Choudhury is the daughter of Mahmud Choudhur y cannot be established. The petitioners thereafter filed another application pr aying for the same relief which has also been rejected vide order dated 01.12.20 10, such prayer having already been rejected in the earlier order dated 05.06.20 10. Mr. Rajbarbhuiyan, learned counsel for the petitioners has submitted tha t the claim of the petitioners that they purchased the land from Nurun Nessa Cho udhury by a registered deed of sale, who is the daughter of Mahmud Choudhury, ha ving been disputed by the plaintiff by contending that Nurun Nessa Choudhury is not the daughter of Mahmud Choudhury, it has become necessary to establish that Nurun Nessa Choudhury is the daughter of Mahmud Choudhury, for which the petitio ners filed the application for examining Shamsul Huda Choudhury in whose favour also a deed was executed by Nurun Nessa Choudhury and as such the learned Court below ought not to have rejected the prayer of the petitioners. It appears that though the petitioners claimed that Nurun Nessa Choudhur y is the daughter of Mahmud Choudhury, the same has been challenged by the plain tiff. According to the plaintiff Nurun Nessa Choudhury is not the daughter of Ma hmud Choudhury. The petitioners want to establish that Nurun Nessa Choudhury is the daughter of Mahmud Choudhury, for which they want to examine Shamsul Huda Ch oudhury, in whose favour another deed was executed by Nurun Nessa Choudhury. By proving another document executed by Nurun Nessa Choudhury in favour of another person or by examining the said person only as another deed was executed in his favour, it cannot be proved that Nurun Nessa Choudhury is the daughter of Mahmud Choudhury. That being the position, I do not find any infirmity in the impugned ord ers dated 05.06.2010 and 01.12.2010 and hence the revision petition stands dismi ssed. However, it would not preclude the petitioners to take required steps fo r proving that Nurun Nessa Choudhury is the daughter of Mahmud Choudhury, if suc h stage has not already been over. The revision petition is accordingly dismissed with the above observatio n. No cost.