Harihor Borah v. Dipamoni Gogoi Borah (Dipali)

ORDER Date : 31.07.2024 Heard Mr. D. Choudhury, the learned counsel appearing for the petitioner. Page No.# 2/2 This is an application under Article 227 of the Constitution of India challenging the order dated 17.05.2024 passed by the learned Civil Judge (Senior Division), Dibrugarh in Misc.(J) Case No.129/2024 arising out of Title Suit No. 121/2022. The petitioner is the plaintiff before the trial court. The defendant filed a written statement and counter claim. Against the said counter claim, the plaintiff filed a written statement. That prayer was not allowed primarily on the ground that the stipulated period for filing the written statement had expired. I have considered the submission of Mr. Choudhury. I have also gone through the reasoning erroneously recorded by the trial court. This Court is of the opinion that the learned trial court arrived at an erroneous finding and passed the impugned order. Therefore, the impugned order is bad in law and stands set aside. The trial court is directed to provide one opportunity to the plaintiff to file his written statement against the counter claim filed by the defendant. With the aforesaid directions, the revision petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010147922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/263/2024 HARIHOR BORAH S/O- LATE NAREN CHANDRA BORAH, PERMANENT R/O- RUPNAGAR, P.O-RATANPUR, P.S AND DIST- DIBRUGARH, ASSAM, PRESENTLY RESIDING AT SAWNI GAON, ANANDA NAGAR, BHOGDOI MUKH, JORHAT EAST, JORHAT, ASSAM VERSUS DIPAMONI GOGOI BORAH (DIPALI) W/O- MUKUL BORA, R/O- RUPNAGAR, P.O- RATANPUR, P.S AND DIST- DIBRUGARH, ASSAM, PIN-786002 Advocate for the Petitioner : MR. D CHOUDHURY, MRS H CHAKRABORTY,MR B SINHA,MR T CHAKRABORTY Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA