Page No.# 1/5 GAHC010207472023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/295/2023 SMTI. NIRUPAMA BORA W/O LATE RANJIT KUMAR BHUYAN, R/O KUWORITOL MADHAB GAON, MOUZA- BORBHAGIA, P.S.-KALIABOR, DIST- NAGAON, ASSAM VERSUS MD. MOTI ULLA KHAN AND 3 ORS S/O DAD MUHAMMAD, R/O JAYANTIPUR, MOUZA- KUWORITOL, P.S.- KALIABOR, DIST- NAGAON (ASSAM), PIN- 2:MD. SOMIR ULLA KHAN S/O DAD MUHAMMAD R/O JAYANTIPUR MOUZA- KUWORITOL P.S.-KALIABOR DIST- NAGAON (ASSAM) PIN- 3:DAD MOHAMMAD S/O UNKNOWN R/O JAYANTIPUR MOUZA- KUWORITOL P.S.-KALIABOR DIST- NAGAON (ASSAM) PIN- 4:HDFC BANK NAGAON BRANCH A.T ROAD NEAR MARIGAON BUS STAND NAGAO Page No.# 2/5 Advocate for the petitioner(s): Mr. BK Bhagawati Advocate for the respondent(s): Ms. G Borah B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 23.05.2025 Heard Mr. BK Bhagawati, the learned counsel appearing on behalf of the petitioner. Ms. G Borah, the learned counsel appears on behalf of the respondent Nos.1, 2 and 3. 2. The present petition has been filed challenging the orders dated 20.12.2022 and 30.06.2023 passed in Title Suit No.4(K)/2022 by the Court of the learned Munsiff, Kaliabor, whereby the petitioner herein who is the plaintiff had been debarred from filing the written statement to the counter claim filed by the defendant No.1. 3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner had filed a suit which was registered as Title Suit No.4(K)/2022 seeking a declaration that the unregistered agreement dated 12.02.2021 is collusive, forged and not binding on the plaintiff/petitioner and for a decree for permanent injunction. The defendant No.1 who is the respondent No.1 herein had filed a written statement as well as the counter claim. Pursuant to the filing of the written statement-cum-counter claim, the petitioner on account of not receiving certain documents could not file the written statement. He submitted that although the learned Trial Court had granted due opportunities, but on Page No.# 3/5 account of circumstances beyond the control of the petitioner, the written statement could not be filed for which vide the order dated 20.12.2022 the learned Trial Court had debarred the petitioner from filing the written statement against the counter claim. Subsequent thereto, the petitioner again filed an application seeking an additional opportunity to file the written statement which was rejected by an order dated 30.06.2023 for which the instant proceedings has been filed. 4. The learned counsel appearing on behalf of the petitioner submitted that it is in respect to the agreement dated 12.02.2021 which the petitioner as plaintiff has sought for cancellation, the defendant No.1 as the respondent No. 1 had sought for specific performance. He submitted that the written statement is ready and can be filed on any date as this Court may so direct. 5. The learned counsel appearing on behalf of the respondents Nos.1, 2 and 3 submitted that the petitioner herein had delayed the suit and the time so fixed for filing of the written statement having expired, this Court may not exercise its supervisory jurisdiction. 6. In reply to the same, the learned counsel appearing on behalf the petitioner further submitted that the petitioner herein is an old lady, who is also a widow and suffering from various ailments and if the petitioner is not being allowed to file the written statement against the counter-claim, serious prejudice would be caused. 7. This Court had given anxious consideration to the submissions made by both the parties. It is seen from the records that on one hand, the petitioner herein has sought for cancellation of an agreement dated 12.02.2021, while on the other hand the defendant No. 1 has sought for specific performance. A Page No.# 4/5 further chance is required to be granted to the petitioner for filing her pleadings against the counter-claims, inasmuch as, without the said written statement, the petitioner would have difficulty in proceeding with her suit. This Court cannot also be unmindful of the fact that on account of the petitioner, the suit as well as the counter-claim proceedings had been delayed, for which, certain costs has also to be imposed. 8. Considering the above, this Court, therefore, disposes of the instant petition with the following observation(s) and direction(s): (i) This Court permits the petitioner herein to file the written statement against the counter-claim subject to imposition of a cost of Rs.35000/- upon the petitioner. The said written statement has to be filed before the learned Trial Court on or before 04.06.2025. Along with the filing of the written statement, the costs of Rs.35,000/- has to be deposited. (ii) The learned Trial Court shall accept the written statement filed against the counter-claim only upon the deposit of Rs.35,000/- as directed hereinabove. (iii) The respondent Nos. 1, 2 and 3 herein, who are the defendant Nos. 1, 2 and 3 would be at liberty to file an application for release of the said amount and the learned Trial Court shall pass appropriate orders. (iv). It is categorically observed that if the petitioner fails to file a written statement on or before the next date as fixed hereinabove, along with the deposit of Rs.35000/-, the learned Trial Court shall proceed with the suit without further reference to the directions so passed in the present proceedings. Page No.# 5/5 JUDGE Comparing Assistant