Page No.# 1/5 GAHC010192612021 2025:GAU-AS:7127 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/126/2021 MAHBUB AHMED @ MOULANA MEHBUB AHMED S/O LATE RAJA MIA, R/O GONIWALA, MUKAM ROAD, P.O. SILCHAR, DIST. CACHAR, ASSAM. VERSUS SAMSUR UDDIN LASKAR AND 7 ORS S/O LATE MOJID ALI LASKAR, R/O GONIWALA, MUKAM ROAD, P.O. SILCHAR, DIST. CACHAR (ASSAM), PIN 788003 2:MOJIBUR RAHAMAN LASKAR S/O LATE RAHIM UDDIN LASKAR R/O GONIWALA MUKAM ROAD P.O. SILCHAR DIST. CACHAR (ASSAM) PIN 788003 3:MOSOROF HUSSAIN @ ALKAS S/O LATE MUBAT ALI LASKAR R/O GHONIALA E AND D ROAD WARD NO. 3 SILCHAR P.O. SILCHAR DIST. CACHAR ASSAM PIN 788003 4:JAYED HUSSAIN BARBHUIYA S/O LATE MAKADDAS ALI BARBHUIYAR/O GHONIALA E AND D ROAD Page No.# 2/5 WARD NO. 3 SILCHAR P.O. SILCHAR DIST. CACHAR ASSAM PIN 788003 5:SALEH AHMED LASKAR S/O LAT. MATIBUR RAHAMAN LASKAR R/O GHONIALA E AND D ROAD WARD NO. 3 SILCHAR P.O. SILCHAR DIST. CACHAR ASSAM PIN 788003 6:MATASIR ALI BARBHUIYA S/O LATE ABDUL MONAF BARBHUIYA R/O GHONIALA E AND D ROAD WARD NO. 3 SILCHAR P.O. SILCHAR DIST. CACHAR ASSAM PIN 788003 7:ALTAFU RAHMAN BARLASKAR S/O LATE AMBOR LI BARLASKAR MUTAWALI OF HAJI ABDUL RAHAMAN BARLASKAR WAQF ESTATE R/O RAHAMANBARI MALUGRAM SILCHAR TOWN P.O. SILCHAR DIST. CACHAR ASSAM PIN 788002 8:ASSAM BOARD OF WAQF REPRESENTED BY ITS SECY. DISPUR GUWAHATI 0 Advocate for the Petitioner : MR. N H LASKAR, MS A GAYARI Advocate for the Respondent : , Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 02-06-2025 Heard Mr.` N.H. Laskar, learned counsel for the petitioner. None appears on behalf of the respondents despite due service of notice. 2. This Civil revision Petition is filed under Article 227 of the Constituion of India read with section 151 of the Code of Civil Procedure,1908 challenging the order dated 03.09.2021 passed by the learned Waqf Tribunal, Silchar in T.S(W) 03/2020, by which the the application of the petitioner for impleadment as plaintiff in the above pending Title Suit was rejected due to his non appearance on the date fixed for hearing. 3. The petitioner herein filed an application before the Waqf Tribunal, Cachar at Silchar seeking impleadment as a co-plaintiff in the pending suit T.S(W) No.03/2020 filed for declaration that the existing Managing Committee of the Hazarat Pir Mokasha Mukam is void and for a direction to constitute a fresh Managing Committee. 4. It is the case of the petitioner that during the pendency of the suit, he was appointed as Caretaker/Imam of the Interim Advisory Commttee of the Mukam and, therefore, he is a necessary party for effective adjudication of the dispute. 5. However on 03.09.2021 the date fixed for hearing of the impleadment application, the petitioner failed to appear before the Tribunal. Consequently, the Tribunal without entering into the merit of the application dismissed the Page No.# 4/5 impleadment application of the petitioner for default. 6. The learned counsel for the petitioner submits that the absence of the petitioner on 03.09.2021 was neither willful nor deliberate but due to genuine reason. It is submitted that the petitioner is vitally interested in the subject matter of the suit and his impleadment is essential for proper adjudication of the matter. It is further submitted that rejection of the petitioner merely on account of his absence has caused serious prejudice to his rights. 7. This Court has considered the submission of the learned counsel for the petitioner and perused the materials available on record. 8. It is well settled that procedural laws are hand made of justice. In the instant case, the learned Tribunal ought to have exercised judicial discretion by affording another opportunity to the petitioner or at least disposed of the impleadment petition on merits. The rejection of the application solely on the ground of absence, at the first instance, without considering whether the petitioner is a necessary or proper party is not justified in the facts and circumstances of the case. Further, considering that the petitioner has been appointed as Caretake/Imam of the said Mukam by the Interim Advisory Committee and that the suit concerns the administration and constitution of the Managaing Committee of the Mukam, his presence in the proceeding appears to be necessary for complete and effective adjudication. 9. In view of the above, the order dated 03.09.2021 passed by the Wakf Tribunal at Cachar, Silchar in T.S.(W) 03/2020 rejecting the impleadment petition No.29/2021 of the petitioner is hereby set aside. 10. The matter is remanded back to the Waqf Tribunal Cachar, Silcahr Page No.# 5/5 with a direction to restore the impleadment application of the petitioner to file and disposed of the same on merits in accordance with law, after giving due opportunity to all the parties. 10. The Civil revision Petition is accordingly allowed and disposed of. JUDGE Comparing Assistant