Page No.# 1/3 GAHC010196242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/372/2025 MUSSTT. ESARUN NESSA LASKAR AND 2 ORS. W/O LT. MAKBUL ALI LASKAR, R/O VILL- KANAKPUR PART-III, P.O.- EAST KANAKPUR, P.S.- JOYPUR, DIST- CACHAR 2: MD. MOHIM UDDIN LASKAR S/O LT. MAKBUL ALI LASKAR R/O VILL- KANAKPUR PART-III P.O.- EAST KANAKPUR P.S.- JOYPUR DIST- CACHAR 3: MUSSTT. ANOWARA BEGUM W/O AFTAR HUSSAIN D/O LT. MAKBUL ALI LASKAR R/O VILL- CHANDRAPUR PART-III P.O.- BANSKANDI PH. AND P.S.- LAKHIPUR DIST- CACHAR ASSA VERSUS MD MAJAMIL ALI LASKAR S/O LATE ARBESH ALI LASKAR, R/O VILL- KANAKPUR PART-III, P.O.- EAST KANAKPUR, P.S.- JOYPUR, DIST- CACHAR, ASSAM Advocate for the Petitioner : MR. A Y CHOUDHURY, J NABI,MR. T A CHOUDHURY Advocate for the Respondent : , Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 03.09.2025 Heard Mr. A.Y. Choudhury, the learned counsel appearing for the petitioners. 2. This application has been filed under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India challenging the order dated 19.06.2025 passed by the learned Civil Judge (Jr. Divn.), Lakhipur, Cachar in Title Suit No.07 of 2024. 3. The petitioners are the defendants before the trial court. They could not file their written statement within the period of 90 days. Therefore, the trial court directed the case to proceed ex parte against them. Thereafter, they filed a petition under Order 9 Rule 7 of the Code of Civil Procedure praying for vacating the stay order directing to proceed ex parte. That petition was rejected by the learned trial court. 4. I have considered the submissions made by Mr. Choudhury. 5. The provision of 90 days as contained in Order 8 of the Code of Civil Procedure is not mandatory rather it is directory. When a party failed to file a written statement by showing sufficient reasons, the court may extend the time beyond 90 days. It appears that the learned trial court was hurried and passed the impugned order. 6. Therefore, the order directing the case to proceed ex parte against the petitioners and the order dated 19.06.2025, both are set aside. The petitioners shall be given a single opportunity to file their written statement and thereafter the trial court shall proceed to dispose of the case in accordance with the procedure as laid down by law. Page No.# 3/3 With the aforesaid direction, the present petition is disposed of. JUDGE Comparing Assistant