GAUHATI HIGH COURT ISSUES ORDER ON AMAN JINDAL AND 2 ORS V/S DAYAL ENTERPRISES AND 3 ORS.

GUWAHATI, India, July 1 -- Gauhati High Court issued the following order on June 2:

1. Heard Mr. B. Dutta, the learned Senior counsel assisted by Mr. S. Deka, the learned counsel appearing on behalf of the petitioners and Mr. H. Agarwal, the learned counsel appearing on behalf of the respondent Nos. 1 to 4.

2. The learned Senior counsel appearing on behalf of the petitioners submitted that the proceedings under Article 227 of the Constitution have been invoked in order to place before this Court the gross abuse of the process of the Court whereby a landlord tenant dispute has been converted to a suit based on title.

3. The learned Senior counsel submitted that the petitioners herein as plaintiffs had instituted a suit against the respondents herein which was registered and numbered as Title Suit No.37/2015. The said suit was filed for recovery of vacant and khas possession of the suit premises on the ground that the defendants are defaulters in payment of rent from the month of January, 2015 onwards.

4. The learned Senior counsel drew the attention of this Court to the written statement filed by the defendants in the said suit wherein the defendants have duly admitted at paragraph No.16 and 18 that the plaintiffs were the landlords and the defendants had attorned to the plaintiffs.

5. The learned Senior counsel further submitted that on the basis of the said pleadings, the learned Trial Court on 24.06.2019 framed as many as 6 (six) issues and primarily on the ground as to whether the defendants are defaulters in payment of the monthly rent to the plaintiffs on and from the month of January, 2015. The learned Senior counsel further submitted that the examination-in-chief of the plaintiff witnesses were duly filed on 30.10.2019 and thereupon, the cross-examination of the plaintiff witnesses started w.e.f. 22.11.2019. After a passage of 5 (five) years, the crossexamination was completed on 19.07.2024.

6. Subsequent thereto, the case was fixed for defendants witness on 12.08.2024. After taking two adjournments, on 26.09.2024, the defendant filed an application under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'the Code') for recalling the PW-1 for further cross-examination on the ground that a judgment has been delivered on 13.08.2024 in Title Suit (Probate) No.130/2014 and as such, there is a requirement for recalling of the PW-1 for further cross-examination.

7. This Court has duly taken note of the application which was filed under Order XVIII Rule 17 read with Section 151 of the Code wherein there is not a single mention as to how the said judgment passed in Title Suit (Probate) No.130/2014 has relevance to the suit in question.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5%2F5RlbGnIB6JZ2TEzWpBKuxyzFSgajFlaFMkVZKsE%2Fg&caseno=CRP(IO)/176/2025&cCode=1&cino=GAHC010103252025&state_code=6&appFlag=)

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