Page No.# 1/3 GAHC010159922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/282/2025 SAHIBA AHMED ALIAS SAHIBA NOORE W/O- ABRAHIMEE NOORULLAH, R/O- FLAT NO- A4, B-N -B COURT, SUNDERPUR, BYE LANE NO-2, ZOO ROAD, DIST- KAMRUP (M), ASSAM, PIN-781005, PRESENTLY RESIDING AT LALUK, DIST- LAKHIMPUR, ASSAM, PIN-784160 VERSUS DR RASHID KHAN S/O- LATE JASMAN KHAN, R/O- VILLAGE - PADUMONI, P.O- LALUK, DIST- LAKHIMPUR, ASSAM, PIN- 784160, Advocate for the Petitioner : MR. A C SARMA, MR B DEORI,MR G BHARADWAJ Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.07.2025 Heard Mr. A.C. Sarma, learned Senior Counsel, assisted by Mr. S. Sutradhar, learned counsel for the petitioner. Page No.# 2/3 2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order dated 17.06.2025, passed by the learned Civil Judge (Senior Division), Lakhimpur, in Title Suit No. 2/2021. 3. It is to be noted here that vide impugned order dated 17.06.2025, the learned Civil Judge (Senior Division), Lakhimpur (‘trial Court’, for short) had dismissed the petition No. 1215/25, filed by the petitioner for granting another date for submission of evidence-on-affidavit. 4. Mr. Sarma, learned Senior Counsel for the petitioner submits that admittedly, the petitioner has availed several dates for filing evidence-on- affidavit. However, Mr. Sarma submits that this Court may, by exercising the jurisdiction under Article 227 of the Constitution of India, allow the petitioner, , to file evidence-on-affidavit by imposing some cost upon the petitioner, else the petitioner would not be able to establish her case. Mr. Sarma also submits that the petitioner was suffering from illness and undergoing treatment at Guwahati for which she could not appear and file the evidence-on-affidavit in time, and on such count, she needs some concession. 5. Having heard the submission of Mr. Sarma, learned Senior Counsel for the petitioner, I have carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 17.06.2025. 6. It appears that the learned trial Court had dismissed the petition No. 1215/25, filed by the petitioner for granting another date for filing evidence-on- affidavit. It also appears from the petition No. 1215/25, which is annexed with the present petition as Annexure-IV, and from the submission of Mr. Sarma, learned Senior Counsel for the petitioner that due to ill health of the defendant No. 1/petitioner herein, who is undergoing treatment at Guwahati, she could not Page No.# 3/3 file the evidence-on-affidavit. 7. Thus, taking note of the submission Mr. Sarma, learned Senior Counsel for the petitioner, and also considering the ground assigned for failing to file evidence-on-affidavit in time, this Court is inclined allow this petition. 8. Accordingly, the impugned order, dated 17.06.2025, stands set aside and quashed. Consequently, the learned trial Court is directed to accept the evidence-on-affidavit filed by the defendant side, subject however, to payment of cost of Rs. 10,000/- (Rupees Ten Thousand), which shall be deposited before the learned trial Court on the next date fixed and on such deposit being made, the same shall be handed over to the respondent herein, and thereafter, to proceed with the case in accordance with law. 9. In terms of above, this revision petition stands disposed of, at this motion stage itself. JUDGE Comparing Assistant