Page No.# 1/2 GAHC010182362025 2025:GAU-AS:11044 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/345/2025 NWJWR BASUMATARY SON OF BHABEN BASUMATARY, RESIDENT OF HALOADAL, P.O HALOADAL, P.S- KOKRAJHAR, DISTRICT- KOKRAJHAR, BTAD, ASSAM, PIN-783370 VERSUS SANSWRANG P NARZARY SON OF SRI PARESH CHANDRA NARZARY, RESIDENT OF NO 1 TUKRAJHAR, P.O- TUKRAJHAR, P.S- RUNIKHATA, DISTRICT- CHIRANG, ASSAM, PIN-783394 Advocate for the Petitioner : MR G BAISHYA, MR. D RABHA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.08.2025 1. Heard Mr. G. Baishya, learned counsel for the petitioner. 2. This application has been filed under Article 227 of the Constitution of India, challenging the Orders dated 20.06.2025 and 18.07.2025, passed by the learned Civil Judge (Senior Division), Chirang in Money Suit No.05/2025. 3. The petitioner is the defendant before the Trial Court, he does not live in his native place, rather he took a residence in Kokrajhar town. Summons was issued to Page No.# 2/2 his native address and the same was received by his mother, his mother did not inform him immediately, therefore the case was directed to proceed ex-parte as he could not appear before the Trial Court on the fixed date. 4. Thereafter, after coming to know about all these things, the petitioner filed an application before the Court below seeking permission to contest the case and prayed for withdrawal of the order directed to proceed ex-parte against him. 5. On 18.07.2025, the Trial Court rejected his prayer. 6. I have gone through the order dated 18.07.2025. It appears that the learned Trial Court failed to exercise judicial mind, while entertaining an application filed before the Court. The reasons for which the application was rejected is absolutely not satisfactory. Therefore, the impugned order dated 18.07.2025 is bad in law. 7. Accordingly, the orders dated 20.06.2025 and 18.07.2025 are set aside. 8. The Trial Court is directed to provide one opportunity to the petitioner to contest the case and to file written statement. 9. The Trial Court shall proceed in accordance with the procedure as laid down by law. 10. With the aforesaid direction, this Civil Revision petition is disposed of. JUDGE Comparing Assistant