Abul Kalam Hussain v. Forjila Bibi and 7 Ors

ORDER Date : 20.05.2024 Heard Mr.R. Ali, learned counsel appearing for the petitioner.

¶2As per the office note dated 17.05.2024, service of notice upon the respondents 1, 2, 3, 4, 5 and 8 is already complete. None appears for them.

¶3The present petitioner is the defendant in Title Suit No. 72/2022. On

11.11.2022, he prayed for some time to file the written statement. The Court held that the statutory period of 90 days had already elapsed. Therefore, the petitioner was not given the liberty to file the written statement.

¶4I am of the considered opinion that for disposal of this revision petition, the presence of all the respondents is not required.

¶5It is a settled law that the statutory period of 90 days mentioned by Order VIII of the Code of Civil Procedure is not mandatory, rather it is directory. When such petitions come before the trial Court, the Court has to exercise judicial Page No.# 3/3 mind. Here, in this case, it appears that the trial Court did not exercise judicial mind. Therefore, the impugned order dated 11.11.2022 passed by the Munsiff No. 2, Goalpara in Title Suit No. 72/2022 is set side.

¶6The trial Court shall provide one opportunity to the present petitioner to file the written statement and thereafter, the Court shall proceed to dispose of the case in accordance with the procedures laid down by law. The revision petition is disposed of accordingly. The interim order passed earlier stands vacated. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010005962023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/33/2023o ABULoKALAMoHUSSAINo S/O-oALHAZoAMIRUDDINoSHEIKH,o R/O-oNEWoMARKET,oAGIAoROAD,o WARDoNO-o14,oGOALPARA,oTOWN,o P.O-oGOALPARA,o DIST-oGOALPARA,oASSAM VERSUSo FORJILAoBIBIoANDo7oORSo W/O-oLATEoNURoISLAM 2:NASRINoSULTANA oD/O-oLATEoNURoISLAM 3:FARDINoISLAM oS/O-oLATEoNURoISLAM oREP.oBYoMOTHERoFORJILAoBIBI 4:SAMNURoISLAM oS/O-oLATEoSAKOWAToALI 5:SOHIBULoISLAM oS/O-oLATEoAFAZoALI o@SAMBARUoSK 6:SOHIBULoISLAM oS/O-SOHIBULoISLAM 7:FULBORoHUSSAIN oS/O-oLATEoMOHAMMADoALI Page No.# 2/3 8:ROFIJUL ISLAM S/O- LATE MOHAMMAD ALI. ALL ARE RESIDENT OF VILAGE POCHAPARA (BURJUK MANIKPUR) P.O AND P.S- KRISHNAI DIST- GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA