Page No.# 1/3 GAHC010076632025 2025:GAU-AS:8208 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/146/2025 TAFIKUDDIN AHMED SON OF MUSLIM ALI, RESIDENT OF VILLAGE GUYAN, P.O.- SONESWAR, MOUZA- PUBPARA, P.S.- KAMALPUR, DISTRICT- KAMRUP, ASSAM. PIN -781382 VERSUS SYED IMRAN HUSSAIN SON OF LATE SAFED ALI, RESIDENT OF VILLAGE KANIKUCHI, P.O.- KOHINA, MOUZA- PUB BORIGAOG, P.S.- RANGIA, DIST- KAMRUP, ASSAM, PIN-781380 For the petitioner (s) : Mr. G. R. A. Mottaquee, Advocate For the respondent (s) : Mr. R. Ali, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 18.06.2025 Heard Mr. G. R. A. Mottaquee, the learned counsel Page No.# 2/3 appearing on behalf of the petitioner and Mr. R. Ali, the learned counsel who appears on behalf of the respondent. 2. The instant matter is taken up for disposal at the motion stage. 3. It is seen that the petitioner herein who was the defendant No.1 in the suit had filed an application under Order IX Rule 7 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) for vacating the ex-parte order dated 11.08.2022 and thereby to enable the defendant No.1 to contest the suit. The said application was registered as petition No.659/2024. When the application was taken up for consideration, on 01.022025, the counsel for the petitioner did not participate, and it is under such circumstances, the said application filed under Order IX Rule 7 of the Code being petition No.659/2024 was rejected on the ground that the counsel for the petitioner did not advance argument. 4. It is the opinion of this Court that the learned Trial Court if wanted to reject the said application, ought to have rejected on the ground as to whether the ground stated in the application showed a good cause or not within the meaning of Order IX Rule 7 of the Code rather than dismissing it on the ground that the counsel appearing on behalf of the petitioner did not participate. 5. Accordingly, this Court interferes with the order dated Page No.# 3/3 01.02.2025 passed in Title Suit No.61/2021 and further directs the learned Trial Court, i.e. is the Court of the learned Civil Judge (Senior Division), Kamrup at Amingaon to rehear the application being petition No.659/2024. 6. It has been brought to the attention of this Court that on 08.07.2025, the next date is fixed before the learned Trial Court, i.e. the Court of the learned Civil Judge (Senior Division), Kamrup at Amingaon. Both the parties shall appear before the learned Trial Court on the said date and address argument on the said application filed Order IX Rule 7 of the Code and thereupon the learned Trial shall pass appropriate order. 7. With the above, the instant petition stands disposed of. JUDGE Comparing Assistant