Page No.# 1/5 GAHC010087252025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/210/2025 MD SIRAJ ALI AND 5 ORS. S/O LT. AJIMUDDIN, VILL- AMINPARA, P.O.- ROWTA, DIST- UDALGURI, BTR, ASSAM, PIN-784508 2: MOSST AJIRAN NESSA D/O LT. AJIMUDDIN VILL- AMINPARA P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 3: MOSST SAJIDA BEGUM D/O LT. AJIMUDDIN VILL- AMINPARA P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 4: MOSST OMMA HANI D/O LT. AJIMUDDIN VILL- AMINPARA P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 5: MOSST UMENA KHATUN D/O LT. AJIMUDDIN VILL- AMINPARA Page No.# 2/5 P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 6: MOSST SURYA KHATUN D/O LT. AJIMUDDIN VILL- AMINPARA P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-78450 VERSUS MD AKBAR ALI AND 7 ORS S/O LT. AYJUDDIN, VILL- AMINPARA, MOUZA- BARSILAJHAR, P.O.- ROWTA, DIST- UDALGURI, BTR, ASSAM, PIN-784508 2:MD. AYNUDDIN S/O LT. AYJUDDIN VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 3:MD. SULEMAN ALI S/O MD. NURUL HOQUE VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 4:MD. ABDUL AZID S/O LT. KUTUBUDDIN VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR Page No.# 3/5 ASSAM PIN-784508 5:MD. ABDUL HANIF S/O LT. AJGAR ALI VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 6:MD. AKBAR ALI S/O LT. KUTUBUDDIN VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 7:MD. ABDUL SALAM S/O LT. ABDUL KHAALEQUE VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-784508 8:MD. NAZRULE HOQUE S/O LT. ABDUL KHAALEQUE VILL- AMINPARA MOUZA- BARSILAJHAR P.O.- ROWTA DIST- UDALGURI BTR ASSAM PIN-78450 Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,MR. P MAZUMDER Advocate for the Respondent : , Page No.# 4/5 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 13.06.2025 Heard Mr. S. Chauhan, learned counsel for the petitioners. 2. In this petition under Article 227 of the Constitution of India read with Section 115 of the CPC, the petitioners have challenged the order dated 03.03.2025 passed by the learned Civil Judge (Jr. Division), Udalguri, in Misc.(J) Case No.08/2025. It is to be noted here that vide impugned order dated 03.03.2025, the learned Civil Judge (Jr. Division), Udalguri, has refused to condone the delay of 10 days in filing the written statement against counter claim. 3. Mr. Chauhan, learned counsel for the petitioners submits that while dismissing the petition filed by the petitioners on 19.04.2024, under Section 5 of the Limitation Act, for condonation of delay of 10 days, the learned Trial Court has counted the four holidays also and that the petitioners' counsel had prepared the written statement against the counter claim on 12.03.2024, but his engaged counsel misplaced the same and the same could be traced out only on 18.03.2024 and thereafter, on account of holidays he could not file the same on 23rd, 24th, 25th and 26th March, 2024, and he could file the same on 27th March, 2024 only and in the meantime, delay of 10 days had occurred and the same is not intentional and the petitioners are not at all responsible for the same, rather their engaged counsel is responsible for the same and for the fault of the engaged counsel the petitioners should not suffer and therefore, Mr. Chauhan has contended to allow the petition. 4. Having heard the submission of Mr. Chauhan, learned counsel for the petitioners, I have carefully gone through the petition and the documents placed on record and also perused the impugned order dated 03.03.2025. Page No.# 5/5 5. Taking note of the submission of the learned counsel for the petitioners and also considering the explanation so forthcoming, this Court is of the view that the delay of 10 days in filing the written statement in the counter claim is sufficiently explained and as such, the impugned order stands set aside as it failed to withstand the legal scrutiny. 6. However, the petitioners have to pay a sum of Rs.2,000/- being the cost, which shall be deposited before the Secretary, District Legal Service Committee, Udalguri, within a period of one week from today. 7. Consequent upon setting aside of the impugned order, now the learned Trial Court shall proceed to accept the written statement filed by the petitioners and thereafter, proceed with the matter in accordance with law. 8. In terms of above, this civil revision petition stands disposed of at this motion stage itself. Comparing Assistant Sd/- Robin Phukan JUDGE