Page No.# 1/4 GAHC010088752025 2025:GAU-AS:7622 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/157/2025 SMTI NALINI DAS AND ANR W/O LATE PADMA RAM DAS, R/O VILL- KULHATI (NA PARA), P.O.- KULHATI, P.S.- HAJO, DIST- KAMRUP, ASSAM, PIN-781104 2: LAKHI NARAYAN DAS S/O LATE PADMA RAM DAS R/O VILL- KULHATI (NA PARA) P.O.- KULHATI P.S.- HAJO DIST- KAMRUP ASSAM PIN-78110 VERSUS NABA KUMAR DAS AND ANR S/O SRI UPENDRA CHANDRA DAS, R/O VILL- NO. 1 KULHATI, P.O.- KULHATI, P.S.- HAJO, DIST- KAMRUP, ASSAM, PIN-781104 2:SMT. ANJU DAS W/O SRI NABA KUMAR DAS R/O VILL- NO. 1 KULHATI P.O.- KULHATI P.S.- HAJO DIST- KAMRUP ASSAM PIN-78110 For the Petitioner(s) : Mr. N. Kalita, Advocate For the Respondent(s) : None appears. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.06.2025 Heard Mr. N. Kalita, the learned counsel appearing on behalf of the petitioners. 2. The petitioners by way of the present proceedings have assailed the order dated 20.12.2024 by which the petitioners who are the defendant Nos. 1 and 2 in the suit were debarred from filing the written statement on the ground that the summons were served upon the defendants on 21.09.2024 and 90 days was over on 20.12.2024. 3. It is the case of the petitioners herein that on account of the non- receipt of page No.8 of the plaint, the written statement could not be filed for which an application was filed but the learned Trial Court did not consider the same rather debarred the petitioners who were the defendants in the suit from filing the written statement. 4. It is also seen that the steps were taken to serve copies of the instant application through dasti upon the respondents who were the plaintiffs but the respondents have not accepted for which an affidavit of service have also been filed before this Court. 5. This Court have duly taken note of the order dated 20.12.2024 and taking into account the ground which have been taken by the petitioners who were the defendants in the suit, it is the opinion of this Court that the learned Trial Court ought to have permitted the petitioners for filing the written statement by extending the period rather than debarring the Page No.# 3/4 defendants from filing the written statement. 6. This Court further takes note of the submissions so made by Mr. N. Kalita, the learned counsel that the written statement is ready and can be filed on such date as this Court may direct. 7. Accordingly, this Court interferes with the order dated 20.12.2024 and permits the petitioners who were the defendants in the suit to file the written statement. This Court also takes note of that the fact that the page No.8 was not available in the plaint was not a ground taken earlier when the defendants have appeared in the suit and this clearly shows certain amount of negligence and lack of due diligence on the part of the petitioners/defendants. Under such circumstances, it is also the opinion of this Court that the plaintiffs have to be restituted on the ground of such negligence for which this Court is of the opinion that an amount of Rs.15,000/- would be reasonable as costs. 8. Considering the above, this Court therefore disposes of the instant proceedings with the following observations and directions: (i) The order dated 20.12.2024 passed in Title Suit No.143/2024 is interfered with. (ii) This Court permits the petitioners herein who are the defendants in the suit to file their written statement on the next date so fixed herein under. (iii) This Court imposes a cost of Rs.15,000/- upon the petitioners/defendants and the said amount has to be deposited before the learned Trial Court along with filing of the written statement. The deposit of Rs.15,000/- shall be a condition precedent for acceptance of Page No.# 4/4 the written statement. (iv) This Court vide an order dated 30.04.2025 had stayed the further proceedings of Title Suit No.143/2024. The said stay order stands vacated and the petitioners are directed to appear before the learned Trial Court on 25.07.2025 on which date, the petitioners shall file their written statement without fail and deposit the cost of Rs.15,000/- and the learned Trial Court is directed to inform the plaintiffs before proceeding of the suit. (v) The plaintiffs would be at liberty to file application for release of the amount of Rs.15,000/- and upon such application being filed, the learned Trial Court shall pass appropriate orders. JUDGE Comparing Assistant