Md. Atowar Rahman and Anr v. Babulal Chhajer and 2 Ors

O R D E R

¶2501. 2023 Heard Mr. H Sarma, learned counsel for the petitioners. Also heard Mr. AC Sarma, learned Senior counsel assisted by Mr. JK Bhuyan, learned counsel for the respondents.

¶2The present revision petition is filed assailing the order dated

19.05.2022, whereby the learned court below rejected the prayer of the petitioners to stay the suit and to defer the filing of the written statement.

¶3The record reveals that the plaint was presented on 09.09.2021 and thereafter summons to the defendant Nos. 1 and 2 were served on

26.09.2021. The defendants appeared and filed an application on

03.01.2022 under Section 151 of the CPC for stay of the suit as well as defer the filing of the written statement, which was rejected by the learned trial court below.

¶4Considering the material available on record, this court is of the considered opinion that the learned trial court has rightly refused to stay the proceeding of the suit inasmuch as ground for such stay of the suit was an order passed by the Settlement Officer of Goalpara on 25.09.2020 wherein the learned Settlement Officer declined to pass any order of Page No.# 3/3 eviction of the present defendants from the disputed land in question and relegated the parties to a civil suit. Therefore, such relegation cannot be a ground to stay the suit. Accordingly, the decision of the learned court below declining the stay the suit is upheld inasmuch as the order of Settlement Officer cannot be treated to be a suit pending within the meaning of Section 10.

¶5Coming to the next point, Mr. AC Sarma, learned Senior counsel for the petitioners fairly submits that defendants may be allowed sometimes to file the written statement as a last chance.

¶6Considering the fact that if the present petitioners are allowed to file their written statements, the same will aid the learned trial court to come into a just decision and it will not prejudice the present petitioners. Accordingly, it is provided that the present petitioners/ defendant Nos. 1 and 2 may file their written statements on or before 24.02.2023 before the learned trial court below and on such filing of written statements, the learned trial court shall accept the same and proceed with the matter. If no such written statements are filed on that date, the learned trial court below shall be at liberty to proceed with the suit in terms of the order dated 19.05.2022.

¶7Registry to return the records forthwith so that the same reaches the learned trial court below well ahead of 24.02.2023.

¶8With the said observation, this petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010117782022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/66/2022o MD.oATOWARoRAHMANoANDoANRo S/O-oLATEoAZGARoALIoSARKAR,oR/O-oVILL-oBALADMANIoCHEoBAGAN,o (NEARoBIHUoFIELD),oWARDoNO.o17,oP.O.oBALADMANI,oP.S.oANDoDISTRICT-o GOALPARA,oASSAM,oPIN-o783121. 2:oRUNAoLAILAoJOTDAR oW/O-oMD.oATOWARoRAHMAN oR/O-oVILL-oBALADMANIoCHEoBAGAN o(NEARoBIHUoFIELD) oWARDoNO.o17 oP.O.oBALADMANI oP.S.oANDoDISTRICT-oGOALPARA oASSAM oPIN-o783121o VERSUSo BABULALoCHHAJERoANDo2oORSo SONoOFoLATEoBIRDHICHANDoCHHAJER,oR/O-oKACHARIoROAD,oBARAo BAJAR,oP.O.oANDoP.S.-oGOALPARA,oDISTRICT-oGOALPARA,oASSAM,oPIN-o 783101. 2:BIRENDRAoKUMARoCHHAJER oSONoOFoLATEoBIRDHICHANDoCHHAJER oR/O-oKACHARIoROAD oBARAoBAJAR oP.O.oANDoP.S.-oGOALPARA oDISTRICT-oGOALPARA oASSAM oPIN-o783101. 3:ASHOKoKUMARoCHHAJER oSONoOFoLATEoBIRDHICHANDoCHHAJER oR/O-oKACHARIoROAD Page No.# 2/3 BARA BAJAR P.O. AND P.S.- GOALPARA DISTRICT- GOALPARA ASSAM PIN- 783101 Advocate for the Petitioner : MR H SARMA Advocate for the Respondent : MR P C GOSWAMI BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY