Page No.# 1/3 GAHC010181012025 2025:GAU-AS:10902 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/336/2025 GOLAP HUSSAIN S/O LATE ATOWAR RAHMAN, R/O VILL. TAPARBORI, P.O. BHERALDI, P.S. BARPETA, DIST. BARPETA, ASSAM, PIN 781309 VERSUS SABUR UDDIN AND ANR S/O SAMSUL HOQUE, 2:JALAL UDDIN S/O SAMSUL HOQUE BOTH ARE R/O VILL. TAPARBORI P.O. BHERALDI P.S. BARPETA DIST. BARPETA ASSAM PIN 78130 Advocate for the Petitioner : MR. S AHMED, T UDDIN Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.08.2025 1. Heard Mr. S. Ahmed, learned counsel for the petitioner. 2. This application has been filed under Article 227 of the Constitution of India, passed by the learned Civil Judge (Junior Division), No.1, Barpeta in Title Suit No.278/2023. 3. The petitioner, being the defendant before the Trial Court had failed to appear before the Court even after receiving summons. Thereafter, he appeared and prayed for permission to file the written statement, the Trial Court was generous enough and allowed the petitioner to contest the case subject to the payment of cost of Rs.3,000/-. On the date fixed for paying the cost, the petitioner could not appear in the Trial Court because his wife was in deathbed, by filing the application the petitioner prayed for some more time to pay the cost. 4. On 20.06.2025, the Trial Court refused the prayer of the petitioner and directed the case to proceed ex-parte against him. 5. I have considered the submissions made by learned counsel for the petitioner and I have also considered the circumstances under which the impugned order was passed. 6. This Court is of the opinion that the petitioner being the defendant should be given an opportunity to contest the case and to pay the cost of Rs.3,000/-. 7. Therefore the impugned order is set aside. Page No.# 3/3 8. The petitioner is directed to appear before the Trial Court on 21.08.2025, on that day, he shall deposit the cost of Rs.3,000/- and the same shall be given to the plaintiff on the suit, after that, the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 9. With the aforesaid direction, the Civil Revision Petition is disposed of. JUDGE Comparing Assistant