Page No.# 1/4 GAHC010093532023 2025:GAU-AS:1939 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/129/2023 FUTURE GENERALI INDIA INSURANCE COMPANY LIMITED AND ANR HAVING ITS REGISTERED OFFICE AT INDIABULLS, FINANCE CENTRE TOWER 3, 6TH FLOOR, SENAPATI BAGPAT MARG, ELPHINSTONE(W), MUMBAI- 400013, REPRESENTED BY ITS PRINCIPAL OFFICER/ CHAIRMAN/ MANAGING DIRECTOR. 2: FUTURE GENERALI INDIA INSURANCE COMPANY LTD. 2ND FLOOR R.D. ENCLAVE ABOVE MANIKCHAND JEWELERS CHRISTIANBASTI G.S. ROAD GUWAHATI 781005 ASSAM REPRESENTED BY ITS PRINCIPAL OFFICER/ CHAIRMAN/ MANAGING DIRECTOR VERSUS ABISHEK KOCHAR SON OF SHRI PRATAP KOCHAR, HAVING HIS OFFICE AT 2ND FLOOR, RAM KUMAR ARCADE,CHATRIBARI ROAD, GUWAHATI- 781001, ASSAM, PROPRIETOR OF JAINEX FILLING STATION SITUATED AT BAIHATA, P.O. AND P.S.- KAMALPUR, DIST.- KAMRUP, PIN 781380, ASSAM. For the petitioner(s) : Mr. A. J. Saikia, Advocate For the respondent (s) : Mr. H. Maurya, Advocate Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 24.02.2025 Heard Mr. A. J. Saikia, the learned counsel appearing on behalf of the petitioners and Mr. H. Maurya, the learned counsel appears on behalf of the respondent. 2. This is an application file under Article 227 of the Constitution challenging the order dated 07.02.2023 passed by the Court of the learned Munsiff No.4, Kamrup (M) at Guwahati in Title Suit No.362/2022 thereby declining to accept the draft issues filed by the petitioners/the defendant Nos.1 & 2 and for further direction that they should be allowed to participate in the said suit proceedings. 3. It is duly taken note of that the dependent Nos.1 & 2 had filed their written statement. After filing of the written statement, the next stage is for framing of the issues by the learned Trial Court. Framing of issues is the duty of the Court and submission of the draft issues by the parties are only to facilitate the learned Trial Court to frame the issues and nothing more. 4. This Court further takes note of the provisions of Order IX Page No.# 3/4 Rule 6 and Order IX Rule 7 of the Code of Civil Procedure, 1908 (for short, ‘the Code’). In the instant case, after filing of the written statement there was no date fixed for hearing and consequently there was reason to proceed ex-parte against the defendant Nos.1 & 2. Moreover, a perusal of Order IX Rule 7 of the Code as well as the settled principles of law stipulate that a defendant can very well participate at any stage of the suit. However, it is only when the defendant wants to put the clock back to the date when the defendant did not appear, then in that case, the defendant has to file an application. 5. In the backdrop of the above statutory provisions and the fact that the defendants had filed the written statement and the next stage was for framing of the issues, the learned Trial Court ought to have accepted the draft issues so submitted by the defendants. 6. Considering the above, this Court interferes with the order dated 07.02.2023 passed by the Court of the learned Munsiff No.4, Kamrup (M) at Guwahati in Title Suit No.362/2022 and further directs the learned Trial Court to accept the draft issues and proceed with the disposal of the suit in accordance with law. 7. It is seen that this Court vide an order dated 12.05.2023 had stayed the further proceedings of the Title Suit No.362/2022 Page No.# 4/4 pending before the Court of the learned Munsiff No.4, Kamrup (M) at Guwahati. The said stay order is vacated and the parties herein are directed to appear before the learned Trial Court on 12.03.2025 for further proceedings in the suit. JUDGE Comparing Assistant