Page No.# 1/3 GAHC010183442024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2806/2024 JIAD ALI @ JIYAD ALI RAHMAN S/O- ABUL SK @ ABUL KALAM, R/O- VILLAGE SILKATARI PART-I, P.O. BILASHPUR, P.S. KOKRAJHAR, DISTRICT- KOKRAJHAR, ASSAM, PIN CODE 783372 VERSUS ABDUL HAMID SK S/O- LATE CHANDULLAH SK., R/O- VILLAGE SILKATARI PART-II, P.O.- BILASHPUR, P.S.- KOKRAJHAR, DISTRICT KOKRAJHAR, ASSAM. PIN CODE- 783372. For the Applicant(s) : Mr. I. Hussain, Advocate For the Respondent(s) : Mr. L. Sarkar, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 06.02.2025 This is an application filed by the Applicant who was the Petitioner in CRP(IO) No.98/2024 seeking a further time for submission of the written Page No.# 2/3 statement. 2. It is relevant to take note of that this Court vide an order dated 27.06.2024 disposed of CRP(IO) No.98/2024 and directed the Court of the learned Civil Judge (Junior Division), Kokrajhar to accept the written statement so filed by the Petitioner on 05.02.2024 subject to payment of a cost of Rs.10,000/- before the learned Trial Court on 12.07.2024. It was also made clear that the payment of the amount of Rs.10,000/- shall be a condition precedent for acceptance of the written statement. However, on the said date i.e. on 12.07.2024, the Petitioner could not appear in view of the fact that he had suffered an accident. It is under such circumstances, the instant application has been filed. 3. This Court has duly heard the learned counsel appearing on behalf of the Applicant as well as the Respondent. 4. It has been submitted by the learned counsel for the Applicant that the suit is presently at the same stage in view of the filing of this Interlocutory Application. Taking into account the above, this Court directs the Applicant herein to deposit the amount of Rs.10,000/- as directed vide the order dated 27.06.2024 on 17.02.2025 before the learned Trial Court. If the said amount is not deposited on the said date, the learned Trial Court shall proceed with the suit in accordance with law and without accepting the written statement which was filed on 05.02.2024. However, if the amount is deposited on the date so fixed hereinabove, the learned Trial Court shall accept the written statement filed on 05.02.2024 and then proceed with the suit. 5. The Respondent herein who is the plaintiff would be at liberty to file Page No.# 3/3 appropriate application for release of the said amount. 6. With above observations and directions, the instant Interlocutory Application stands disposed of. JUDGE Comparing Assistant