Page No.# 1/6 GAHC010177512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/327/2025 KHALILUR RAHMAN S/O EYAKUB ALI, R/O PAZARBHANGA, MOUZA BARPETA, DIST. BARPETA, ASSAM 781309 VERSUS MATIAR RAHMAN AND 24 ORS S/O LATE ABDUL WAZED MUNSHI R/O DEWRIKUCHI, MOUZA- GHILAZARI, P.S. AND DISTRICT- BARPETA-781301, ASSAM 2:SAFIUR RAHMAN S/O LATE ABDUL WAZED MUNSHI R/O DEWRIKUCHI MOUZA- GHILAZARI P.S. AND DIST -- BARPETA-781301 ASSAM 3:KHALILUR RAHMAN S/O LATE ABDUL WAZED MUNSHI R/O DEWRIKUCHI MOUZA- GHILAZARI P.S. AND DIST-- BARPETA-781301 ASSAM 4:RAHIM SIKDAR S/O LATE ABDUL KARIM R/O DHANGAR KUCHI P.O.- SONKUCHI MOUZA- GHILAZARI DIST-- BARPETA-781301 ASSAM 5:JAHANARA BEGUM W/O HAIDAR ALI R/O-DANGARKUCHI P.O. SONKUCHI MOUZA- GHILAZARI Page No.# 2/6 P.S AND DIST-- BARPETA-781301 ASSAM. 6:HAIDAR ALI S/O IMAN ALI R/O-DANGARKUCHI P.O. SONKUCHI MOUZA- GHILAZARI P.S. AND DIST -- BARPETA- 781301 ASSAM 7:LATIFA BEGUM W/O ABDUL WAHAB ALI R/O PALHAZI MOUZA- BARPETA P.S AND DIST-- BARPETA-781301 ASSAM 8:NAZIA HUSSAIN W/O NURUL ISLAM R/O PALHAZI MOUZA- BARPETA P.S AND DIST-- BARPETA-781301 ASSAM. 9:DR ABU HURAIRA BHUYAN S/O SAROWAR UDDIN BHUYAN R/O-BAHARI P.O. BAHARIHAT MOUZACHENGA P.S. TARABARI DIST-- BARPETA-782445 ASSAM. 10:MIZANUR RAHMAN S/O TALEBAR RAHMAN R/O- PALHAZI MOUZA- BARPETA DIST-- BARPETA 781309 ASSAM. 11:NUR HUSSAIN S/O UZAIR ALL R/O- NO. 2 LARKUCHI MOUZA- PASCHIM BARKHETRI DIST- NALBARI 781338 ASSAM 12:RUKIYA AKTAR AHMED W/O SAHED ALI AHMED. R/O SUDHUNI P.O. SUTULI MOUZA JANIA P.S. BAGHBOR Page No.# 3/6 DIST- BARPETA 781314 ASSAM 13:LATIFA BEGUM W/O A. WAHEB ALI 14:NAZIA HUSSAIN S/O-A. WAHEB ALL. BOTH ARE RESIDENTS OF PALHAZI MOUZA-BARPETA P.S AND DIST-BARPETA-781301 ASSAM 15:ASIYA BEGUM W/O- LATE AZIZUR RAHMAN RESIDENTS OF VILLAGE - DONAKUCHI P.O. - SONKUCHI DISTRICT-BARPETA-781301 ASSAM. 16:IMRAN HUSSAIN S/O- LATE AZIZUR RAHMAN RESIDENTS OF VILLAGE - DONAKUCHI P.O. - SONKUCHI DISTRICT-BARPETA-781301 ASSAM. 17:LATIFAN NESSA D/O LATE ABDUL WAZED MUNSHI R/O KUARPARA PALLARPAR MOUZA- HOWLY P.S. HOWLY DIST-- BARPETA 18:RAHATON NESSA D/O LATE ABDUL WAZED MUNSHI R/O-KHUDRAKUCHI P.O. BALAGAON MOUZA- TITAPANI DIST-- BARPETA. ON THE DEATH OF ABDUL REZZAQUE 19:ON THE DEATH OF ABDUL REZAQUE HIS LEGAL HEIRS LAILY BEGUM D/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSAM Page No.# 4/6 20:MONOWARA BEGUM D/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSAM 21:ANOWARA BEGUM D/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSAM 22:SIRIYA KHATUN D/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSAM 23:SAFATON KHATUN D/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSAM 24:ABDUL KUDDUS S/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSAM 25:AMUN ULLAH S/O ABDUL RAZAQUE R/O SUKMANAH MOUZA- GHILAZARI P.S. - HOWLY P.S. AND DIST -- BARPETA-781316 ASSA Advocate for the Petitioner : DARAK ULLAH, R MANDAL,MS. N PODDAR,S K PODDAR Advocate for the Respondent : , Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.08.2025 Heard Mr. D Ullah, the learned counsel appearing for the petitioner. 2. This application has been filed under Article 227 of the Constitution of India challenging the orders dated 31.05.2025, 08.08.2022 and the order dated 28.09.2022 passed by the learned Civil Judge (Senior Division) Barpeta in Title Appeal No. 49/2020. 3. The petitioner is the defendant No. 10 before the Trial Court. He received summons but he could not appear before the Trial Court in time. Therefore, the Trial Court decided to proceed with the suit ex-parte against the petitioner without following the due process of law. Thereafter, the petitioner filed a petition before the Trial Court praying for setting aside the ex-parte orders passed against the petitioner. 4. The petitioner stated that he had met with an accident for which he became 40% disabled. Moreover, the petitioner was under some psychological problems and therefore, he prayed for providing him one opportunity so that he can appear and contest the case before the Trial Court by filing written statement. However, the Trial Court refused to grant the prayer made by the petitioner. 5. Mr. Ullah has submitted that the petitioner had purchased land on execution of a Sale Deed and the plaintiff in the suit had challenged the said Sale Deed also. According to Mr. Ullah for the aforesaid reasons participation of Page No.# 6/6 the petitioner in the suit is very much essential. Mr. Ullah has submitted that for the ends of justice the petitioner should be given one opportunity to contest the case before the Trial Court. 6. I have considered the submissions made Mr. Ullah. 7. This Court is of the opinion that the petitioner has shown a good ground for allowing him to contest the case. Therefore, all the aforesaid orders passed by the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 49/2020 are set aside. 8. The Trial Court is directed to provide one opportunity to the petitioner Khalilur Rahman to contest the case by filing written statement. 9. The petitioner shall appear before the Trial Court within next 15 days from today and the learned Trial Court shall provide one opportunity to him to file written statement to contest the case. With the aforesaid direction, the revision petition is disposed of. JUDGE Comparing Assistant