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State of Assam v. Union of India & Ors.

The plaintiff was in terms of our order dated 10.04.2015 directed to commence its evidence by producing witnesses in batches of two witnesses at a time for cross-examination w.e.f. 07.07.2015 onwards.

(T.S. Thakur and R. Banumathi, JJ.)

State of Assam ____________________________________ Petitioner

v.

Union of India & Ors. ____________________________ Respondent(s)

Original Suite No(S). 2/1988, decided on July 2, 2015

The Order of the court was delivered by


Order

1. The plaintiff was in terms of our order dated 10.04.2015 directed to commence its evidence by producing witnesses in batches of two witnesses at a time for cross-examination w.e.f. 07.07.2015 onwards. Mr. Vikramjit Banerjee, learned counsel today appears on behalf of the defendant-State of Nagaland and submits that he has recently taken over as Advocate-General for the State of Nagaland. He seeks two weeks’ time to study the brief and to go on with the process of cross-examination of the witnesses of the plaintiff. The prayer for adjournment by two months’ for that purpose is not opposed by Mr. Kapil Sibal, learned senior counsel appearing for the plaintiff-State of Assam.

2. In the circumstances we direct that the plaintiff shall now keep its witnesses present in batches of two at a time commencing 07.09.2015 for cross-examination. We make it clear that no further adjournment shall be granted to the defendant for cross-examining the witnesses.

3. Mr. Sibal submits that I.A. No. 27 of 2015 may be disposed of reserving liberty for the petitioner to summon the concerned official from the Surveyor General’s office to produce the documents mentioned in the application. We accordingly dispose of I.A. No. 27 of 2015 with the liberty prayed for.

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