Ganesh Rahang and 2 Ors v. Mejang Pegu

ORDER

06.05.2024

This is an application under Article 227 of the Constitution of India, challenging the order dated 24.04.2023, whereby the learned Court of the Civil Judge No. 3, Kamrup (Metro) at Guwahati, vide the impugned order, rejected the application filed by the petitioner who are the defendants in the suit to file their written statement and further directed that the suit shall proceed without the written statement filed by defendants.

¶2Upon hearing the learned counsel for the parties, it appears that the controversy is, as regards the non-receipt of the documents which were filed along with the plaint.

¶3Mr G J Saikia, learned counsel appearing on behalf of the respondent, duly submits that the documents were duly furnished and the defendants had filed an application initially before the learned trial Court, wherein it was mentioned as regards non-receipt of the documents. However, subsequently, on 24.04.2023, the said application was filed that they have not received the documents. He, therefore, submits that this is a ploy employed by the defendants to delay the disposal of the suit.

¶4This Court, upon taking into account that the controversy surrounds around, as to whether the documents were furnished to the defendants, along with the plaint, is of the opinion that the ends of justice would be met if a copy of the documents filed along with the plaint be served upon the counsel appearing on behalf of the defendants, so that the written statement can be filed. Accordingly, during the course of the hearing, the learned counsel Page No.# 3/3 appearing on behalf of the respondent had furnished the copies of the documents, which have been filed along with the plaint, to the learned counsel appearing on behalf of the petitioners, who is also the counsel appearing on behalf of the defendants.

¶5This Court interferes with the order dated 24.04.2023 and grants the liberty to the defendants to file their written statement by 7th of June, 2024. It is made clear that if the defendants fail to file their written statement by 7th of June, 2024, the order dated

24.04.2023, shall stand revived and the learned trial Court shall thereupon proceed with the suit in accordance with law.

¶6With the above, the instant petition stands disposed of.

¶7This Court further vacates the order dated 21.07.2023 and as the parties are duly represented, they are directed to appear before the learned trial Court on 07.06.2024.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010147482023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP/105/2023o GANESHoRAHANGoANDo2oORS.o S/O-oLATEoBUDHIoRAHANG,oR/O-oNAZIRAKHAT,oP.O.oTEPESIA,oP.S.o SONAPUR,oDIST.oKAMRUP,oASSAM,oPIN-o782402. 2:oSHIVAoRAHANG oS/O-oLATEoBUDHIoRAHANG oR/O-oNAZIRAKHAT oP.O.oTEPESIA oP.S.oSONAPUR oDIST.oKAMRUP oASSAM oPIN-o782402. 3:oKARUNAoRAHANGo@oPABANoRAHANG oS/O-oLATEoBUDHIoRAHANG oR/O-oNAZIRAKHAT oP.O.oTEPESIA oP.S.oSONAPUR oDIST.oKAMRUP oASSAM oPIN-o782402o VERSUSo MEJANGoPEGUo S/O-oKALIRAMoPEGU,oR/O-oVILL.-oBORPOMUAoGAON,oP.O.oJENGRAIMUKH,o P.S.oJENGRAIMUKH,oMAJULI,oDIST.oMAJULI,oASSAM,oPIN-o785105. AdvocateoforotheoPetitionerooooo:oMRoRoSENSUAo AdvocateoforotheoRespondento:oMRoGoJoSAIKIAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH