Ranjit Kakati and 2 Ors v. Dalimi Kalita and Anr

ORDER

03.06.2024 Heard Ms. S S Zia, learned counsel for the petitioners. This is an application filed under Article 227 of the Constitution of India challenging the Order dated 05.03.2024 passed by the learned Civil Judge (Junior Division), Kamrup, Amingaon in T.S. No. 241/2022. The petitioners being the defendant nos. 1,2 and 3 prayed for time to file their written statement. The trial court held that the period of 90 days as mandated by Order VIII of the CPC had elapsed. Therefore, petitioners were not given opportunity to file their written statement. It is a settled position of law that the period of 90 days as mandated by Order VIII of the CPC is a directory provision. Therefore, while rejecting the prayer of the defendants, the trial court should have exercised judicial mind by showing reasons for passing the said orders. The trial court straightway rejected the prayer only on the ground that the period of 90 days had already elapsed. The impugned order is bad in law and accordingly stands set aside. The petitioners/ defendant nos. 1,2 and 3 shall be given an opportunity to file their written statement and, thereafter, the trial court shall proceed to dispose of the case in accordance with law. With the above, the present civil revision petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010107602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/176/2024o RANJIToKAKATIoANDo2oORS.o S/O-oLATEoUTTAMoKAKATI,oR/O-oVILL.-oCHILLIPARAoBIRPARA,oMOUZA-o BIRPARA,oBANGAON,oP.O.oBIRPARA,oP.O.oBOKO,oPIN-o781123,oASSAM 2:oMINTUoKAKATI oS/O-oSRIoRANJIToKAKATI oR/O-oVILL.-oCHILLIPARAoBIRPARA oMOUZA-oBIRPARA oBANGAON oP.O.oBIRPARA oP.O.oBOKO oPIN-o781123 oASSAM 3:oMINUoKAKATI oW/O-oSRIoRANJIToKAKATI oR/O-oVILL.-oCHILLIPARAoBIRPARA oMOUZA-oBIRPARA oBANGAON oP.O.oBIRPARA oP.O.oBOKO oPIN-o781123 oASSAo VERSUSo DALIMIoKALITAoANDoANRo W/O-oLATEoSARAToKALITA,oR/O-oVILL.-oGITAoMANDIR,oMATHGHARIA,oP.O.o GEETANAGAR,oP.S.oNOONMATI,oPIN-o781003,oDIST.oKAMRUP,oASSAM 2:SURAJIToKALITA oS/O-oLATEoSARAToKALITA oR/O-oVILL.-oGITAoMANDIR oMATHGHARIA Page No.# 2/2 P.O. GEETANAGAR P.S. NOONMATI PIN- 781003 DIST. KAMRUP ASSA Advocate for the Petitioner : MS S S ZIA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA