Page No.# 1/3 GAHC010197412025 2025:GAU-AS:12058 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/373/2025 SHYAMAL DAS AND ANR S/O LATE HITRAM DAS, A R/O RAJADUAR, NORTH GUWAHATI, P.O. AND P.S.- NORTH GUWAHATI, DIST- KAMRUP, ASSAM, PIN-781030 2: BHUPEN DAS S/O LATE HITRAM DAS A R/O RAJADUAR NORTH GUWAHATI P.O. AND P.S.- NORTH GUWAHATI DIST- KAMRUP ASSAM PIN-78103 VERSUS SMTI PLABITA DEKA D/O LATE PITAMBAR DAS, W/O PRAFULLA DAS, A R/O RAJADUAR, NORTH GUWAHATI, P.O. AND P.S.- NORTH GUWAHATI, DIST- KAMRUP, ASSAM, PIN-781030 Advocate for the Petitioner : MR. R J SARMA, MR. U CHAMUAH,M K GOSWAMI Advocate for the Respondent : , Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.09.2025 Heard Mr. R.J. Sarma, the learned counsel appearing for the petitioners. 2. This is an application under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure (CPC) challenging the order dated 07.07.2025 passed by the learned Civil Judge (Sr. Divn.), Kamrup, Amingaon in Title Suit No.51/2025. 3. The present petitioners are the defendant nos.2 and 3 before the trial court. On 17.02.2025, they prayed for some time to file the written statement. It may be stated that on that day, it was the 90th day as mentioned by Order 8 Rule 1 of the CPC. Therefore, the trial court refused the prayer of the petitioners to file the written statement. 4. I have considered the submissions made by the learned counsel Mr. Sarma. 5. It is a settled principle of law that the provision of law as laid down under Order 8 Rule 1 of the CPC is directory and not mandatory. When the defendant is allowed to file a written statement after 90 days and when the defendant is not allowed to file a written statement after 90 days, the trial court has to exercise judicial mind. Some reason has to be mentioned for rejection or allowance. 6. Here, in this case, without any reasons simply because the defendants could not file the written statement within 90 days, the trial court debarred them from filing written statement. 7. The impugned order is bad in law. The next date fixed before the trial court is Page No.# 3/3 23rd September, 2025. The trial court is directed to accept the written statement filed by defendant nos.2 and 3 before that day. With the aforesaid direction, the present revision petition is disposed of. JUDGE Comparing Assistant