Mozaffar @ Mozauddin and 4 Ors v. Nur Mohammad and 5 Ors

ORDER

21.02.2024 Heard Mr. S. Chauhan, learned counsel for the petitioners. This is an application under Article 227 of the Constitution of India challenging the order dated 07.12.2023 passed by the learned Civil Judge (Jr. Division) No. 3, Dhubri in T.S. No. 161/2022. The petitioners are the defendant nos. 1,2,3,4 and 5 before the trial court. On

07.12.2022, the petitioners jointly filed their written statement and also filed an application seeking time to file counter claim. The said written statement was not accepted by the trial court on the ground that as it was filed beyond the period of 90 (ninety) days as mandated in the order 8 of the Code of Civil Procedure and accordingly the same was rejected. It is a settled position of law that period of ninety days as mandated in the Order 8 of the CPC is not a mandatory rather it is a directory one. Therefore, the trial court should have exercise judicial mind. It appears from the order that the trial court failed to exercise its judicial mind and straightway rejected the prayer of the petitioners. This court is of the opinion that the impugned order is bad in law and accordingly the order dated 07.12.2023 passed by the learned Civil Judge (Jr. Division) No. 3, Dhubri in T.S. No. 161/2022 is set aside. The trial court is directed to accept the written statement filed by the petitioners i.e. defendant nos. 1,2,3,4 and 5 in the trial court within one month and thereafter, the trial court shall proceed to dispose of the case in accordance with law. With the above the civil revision petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010000832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/25/2024o MOZAFFARo@oMOZAUDDINoANDo4oORSo S/O-oLATEoBOSORUDDIN,oR/O-oVILL.-oBOROBILAoPT-I,oP.O.oHOWRARPUR,o P.S.oANDoDIST.oDHUBRI,oASSAM,oPIN-o783324. 2:oSAMINAoBIBI oW/O-oMOZAFFARo@oMOZAUDDIN oR/O-oVILL.-oBOROBILAoPT-I oP.O.oHOWRARPUR oP.S.oANDoDIST.oDHUBRI oASSAM oPIN-o783324. 3:oSAMIULoHOQUEo@oSAMINURoRAHMAN oS/O-oMOZAFFARo@oMOZAUDDIN oR/O-oVILL.-oBOROBILAoPT-I oP.O.oHOWRARPUR oP.S.oANDoDIST.oDHUBRI oASSAM oPIN-o783324. 4:oSOPIKULoHOQUE oS/O-oMOZAFFARo@oMOZAUDDIN oR/O-oVILL.-oBOROBILAoPT-I oP.O.oHOWRARPUR oP.S.oANDoDIST.oDHUBRI oASSAM oPIN-o783324. 5:oROPIKULoHOQUEo@oTEPPUoSKo@oAPYALoRAHMAN oS/O-oMOZAFFARo@oMOZAUDDIN oR/O-oVILL.-oBOROBILAoPT-I oP.O.oHOWRARPUR oP.S.oANDoDIST.oDHUBRI oASSAM Page No.# 2/3 PIN- 783324 VERSUS NUR MOHAMMAD AND 5 ORS S/O- LATE ASHOR ALI, VILL.- BOROBILA PT-1, P.O. HOWRARPUR, P.S. AND DIST. DHUBRI, ASSAM, PIN- 783324. 2:THE A.S.O. DHUBRI CIRCLE DHUBRI DISTRICT ASSAM PIN- 783301. 3:THE STATE OF ASSAM REP. BY THE COLLECTOR OF DHUBRI DISTRICT DIST. DHUBRI ASSAM PIN- 783301. 4:FULJAN BEWA W/O- LATE ASHOR ALI VILL.- BOROBILA PT-1 P.O. HOWRARPUR P.S. AND DIST. DHUBRI ASSAM PIN- 783324. 5:ROSHIDA BIBI D/O- LATE ASHOR ALI VILL.- BOROBILA PT-1 P.O. HOWRARPUR P.S. AND DIST. DHUBRI ASSAM PIN- 783324. 6:MURSHIDA BIBI D/O- LATE ASHOR ALI VILL.- BOROBILA PT-1 P.O. HOWRARPUR P.S. AND DIST. DHUBRI ASSAM PIN- 783324 Advocate for the Petitioner : MR. S CHAUHAN Advocate for the Respondent : Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA