Fair Trial Includes Fair Opportunity For Both Sides: Gauhati HC Sets Aside Trial Court Order Closing Evidence Of Party For Not 'Taking Steps'

The Gauhati High Court recently set aside the orders passed by a Civil Court by which it had closed the evidence of the plaintiff's side for not taking any steps, on the ground that a fair trial includes affording a fair opportunity to both the parties to prove their respective cases.

The single-judge bench of Justice Robin Phukan observed:

“It is well settled that right to fair trial is a right of both the parties to a proceeding be it civil or criminal. Fair trial includes affording a fair opportunity to both the parties to prove their respective cases.”

The petitioners challenged the order dated April 29, 2022, passed by the Civil Judge, Bongaigaon, in a title suit by which the evidence of the plaintiff's witnesses (PWs) was closed for not taking any step by the petitioners (plaintiffs).

The Counsel appearing for the petitioners submitted that by impugned order dated April 29, 2022, the Civil Judge, Bongaigaon has closed the evidence of the plaintiff's side and fixed the case for evidence of the defendant's side.

It was further submitted that the petitioners had preferred another petition, for granting another date for filing evidence, however, the Civil Judge refused to recall the earlier order dated April 29, 2022, vide order dated May 19, 2022.

It was contended that three witnesses are yet to be examined and their examination is very much necessary to decide the suit.

The Court while observing that fair trial is a right of both the parties, allowed the petition and set aside the impugned orders dated April 29, 2022 and May 19, 2022 and directed the Civil Judge, Bongaigaon to hear the matter in accordance with law.

Case Title: Priyanath Saha & 2 Ors. v. On the death of Tushar Kanti Saha his Legal Heirs

Case No.: CRP(IO)/149/2022

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