Page No.# 1/2 GAHC010160452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/294/2025 ROFIAL HOQUE S/O LT. KASHEM ALI, VILL- FALIMARI PART-II, P.O.- FALIMARI, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN-783325. P/R/A VILL- TIAMARI PART-I, P.O.- TIAMARI, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN-783325 VERSUS ZAKIR HUSSAIN S/O LT. MANIK UDDIN, VILL- FALIMARI PART-II, P.O.- FALIMARI, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN-783325 Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 01.08.2025 Heard Mr. M. Hussain, learned counsel for the petitioner. is an application filed under Article 227 of the Constitution of India challenging the order dated 07.07.2025 passed by the learned Civil Judge (Sr. Division), Dhubri in T.S. No. 21/2025. The petitioner is the defendant before the trial court. Summon was issued to him. He was not found in his residence and his wife refused to accept the notice. Therefore, trial court directed to proceed the case ex parte against the present petitioner. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that going for issuing notice to the respondent would be nothing but sheer waste of time. No prejudice would be caused to the respondent if no notice is given to him. Now, the petitioner has submitted that he being the defendant wanted to contest the case. Therefore, this court is of the opinion that the petitioner deserves to be given an opportunity to that effect. Hence, the impugned order dated 07.07.2025 passed by the learned Civil Judge (Sr. Division), Dhubri in T.S. No. 21/2025 is set aside and quashed. The petitioner Rofial Hoque is allowed to contest the case before the trial court. The petitioner shall file written statement as would be directed by the trial court. Thereafter, the trial court shall proceed to dispose of the case in accordance with law. With the above direction, the present civil revision petition is disposed of. JUDGE Comparing Assistant