Gojendra Nath Rajkhowa and Anr v. Smti. Sura Prova Boruah and Anr

ORDER Date : 04.03.2024

¶1The instant application under Article 227 of the Constitution has been filed challenging the order dated 03.06.2016 in Title Suit No.14/2015 passed by the learned Civil Judge, Golaghat whereby vide the impugned order, the learned Trial Court rejected the application of the Petitioners who were the Defendant Nos. 1 and 2 for accepting the written statement which was filed 13 days beyond the permissible limit of 90 days.

¶2This Court has duly perused the said order dated 03.06.2016 and from a perusal of the same, it reveals that it was on account of the mistake committed by the counsel for which the written statement was not filed within the due date. Considering the judgment of the Supreme Court in the case of Kailash Vs. Nanhku reported in MANU/SC/0264/2005 which had held that the filing of the written statement to be directory, however subject to the requirement of showing good reasons for not doing so, this Court is of the opinion that in the facts of the instant case, the learned Court ought to have accepted the written statement more so when the written statement was already filed along with the said application.

¶3Taking into account the above, this Court interferes with the order dated

03.06.2016 and thereby directing the learned Court of the Civil Judge, Golaghat to accept the written statement of the Defendant Nos. 1 and 2 in Title Suit No.14/2015.

¶4With above observations and directions, the instant proceedings stands Page No.# 3/3 disposed of.

¶5The parties herein are directed to appear before the learned Court below on 02.04.2024 so that the learned Court below shall proceed with the further disposal of the suit in accordance with law.

¶6The interim order passed by this Court on 22.07.2016 stands vacated.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010020432016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/234/2016 GOJENDRA NATH RAJKHOWA and ANR S/O LT. DEEBIA RAJKHOWA, R/O DERGAON TOWN, W/NO.4, P.O., P .S. and MOUZA- DERGAON, DIST- GOLAGHAT, ASSAM 2: KHOGENDRA NATH BORUAH S/O LT. GOLAK CHANDRA BORUAH R/O RUP NAGAR DEKA GIRI PATH GUWAHATI P.O. INDRAPUR P.S. PALTANBAZAR DIST- KAMRUP METRO ASSA VERSUS SMTI. SURA PROVA BORUAH and ANR. D/O LT. GOLAK CHANDRA BORUAH, R/O CHOKIAL GAON, W/NO.3, P.O., P .S. and MOUZA- DERGAON, DIST- GOLAGHAT, ASSAM, PIN-785614 2:RAJENDRA NATH BORUAH S/O LT. GOLOK CHANDRA BORUAH R/O NO.2 BAKULANI CHARIALI P.O. BAKULANI CHARIALI MOUZA- TENGAKHAT P.S. BHADOIPANCHALI DIST- DIBRUGARH ASSAM PIN-78600 For the Petitioner(s) : None appears. For the Respondent(s) : None appears. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH