Page No.# 1/3 GAHC010206402023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/303/2023 INDRO BALA SARKAR AND 2 ORS. W/O- LATE LALIT SARKAR, R/O- VILL.- PASCHIM KANURI PT-III, P.O. BISHKHOWA, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM 2: RAMKRISHNA SARKAR S/O- LATE LALIT SARKAR R/O- VILL.- PASCHIM KANURI PT-III P.O. BISHKHOWA P.S. GOLAKGANJ DIST. DHUBRI ASSAM 3: SHYAM SUNDAR SARKAR S/O- LATE LALIT SARKAR R/O- VILL.- PASCHIM KANURI PT-III P.O. BISHKHOWA P.S. GOLAKGANJ DIST. DHUBRI ASSA VERSUS LALAN KUMAR DAS AND 2 ORS S/O- RAMU DAS, R/O- HATIGAON MAIN ROAD, P.O. AND P.S. HATIGAON ,DIST. KAMRUP(M), ASSAM 2:LEGAL HEIR OF LATE MON KUMAR SARKAR (A) KALIDAS SARKAR S/O- LATE MON KUMAR SARKAR R/O- VILL. PASCHIM KANURI PART-III P.O.- BISHKHOWA Page No.# 2/3 P.S.- GOLAKGANJ DIST.- DHUBRI ASSAM. 3:DURGAMOYEE MONDAL D/O- LATE MOHIM CHANDRA SARKAR W/O- MEDHA RAM MONDAL R/O- VILL. PASCHIM KANURI PART-III P.O.- BISHKHOWA P.S.- GOLAKGANJ DIST.- DHUBRI ASSAM For the Petitioner(s) : Mr. A. Rahman, Advocate For the Respondent(s) : Ms. A. Kalita, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 20.06.2025 Heard Mr. A. Rahman, the learned counsel appearing on behalf of the petitioner and Ms. A. Kalita, the learned counsel appearing on behalf of the respondent. 2. It is seen that the petitioners herein were the defendant Nos. 1(a), 1(b) and 1(c) in Title Suit No.178/2022. It appears that these defendants were subsequently brought on record pursuant to the death of one Late Lalit Sarkar who was the predecessor-in-interest of the petitioners herein. On the ground that summons upon the substituted legal representatives of the original defendant No.1 were served and the period of 90 days was over, the learned Trial Court had debarred the petitioners herein Page No.# 3/3 from filing the written statement. 3. This Court has duly perused the instant application and from a perusal of the said, it is seen that the written statement was submitted before the learned Trial Court on 07.01.2023 and there was a delay in filing the same by 10 days. 4. The learned Trial Court taking a very hyper technical view and that too without taking into consideration the provision of Section 148 of the Code of Civil Procedure, 1908 declined to accept the written statement which was filed on 07.01.2023, vide the impugned order dated 21.06.2023. This hyper technical view so taken by the learned Court of Munsiff No.3, Dhburi presently Civil Judge (Junior Division) No.3, Dhubri was an error in exercise of jurisdiction. 5. Consequently, this Court therefore interferes with the order dated 21.06.2023 passed in Title Suit No.178/2022 and further directs the learned Trial Court to proceed with the suit being Title Suit No.178/2022 by taking on record the written statement filed by the defendant Nos. 1(a), 1(b) and 1(c) on 07.01.2023. 6. Interim order passed on 20.09.2023 by this Court accordingly stands vacated and the parties are directed to appear before the learned Trial Court on 21.07.2025 for further proceedings of Title Suit No.178/2022. 7. With above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant