Gauhati HC overturns civil court orders closing plaintiff’s evidence

The Gauhati High Court has overturned orders issued by a civil court in Bongaigaon that closed the plaintiff’s evidence for failure to take necessary steps, emphasizing that “a fair trial includes providing both parties a fair opportunity to present their cases.”

On April 29, 2022, the Civil Judge of Bongaigaon had closed the plaintiff’s evidence after the plaintiffs failed to proceed with their case. A subsequent petition filed by the plaintiffs to reopen the evidence was dismissed on May 19, 2022.

In his ruling, Justice Robin Phukan noted, “It is well established that the right to a fair trial is fundamental for both parties in civil and criminal proceedings. This includes offering a fair opportunity for both parties to prove their respective cases.”

The petitioners had contested the Civil Judge’s April 29 order, which closed their evidence in a title suit due to their inaction. Their counsel argued that despite the closure, three witnesses remained unexamined, and their testimonies were crucial to the case.

The plaintiffs had also sought an additional date to submit their evidence, but their request was denied by the Civil Judge in a May 19 ruling.

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