Page No.# 1/3 GAHC010215012022 2025:GAU-AS:11859 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/248/2022 NILITPAL CHOUDHURY S/O- SRI SUNANDA KR. CHOUDHURY, R/O- 18/6, HILL SIDE ROAD, NEW SARANIA, GUWAHATI-781003, DIST. KAMRUP(M), ASSAM VERSUS NILIMA BARUAH W/O- SRI L. M. BARUAH, KUMARPARA, KANAKLATA ROAD, P.O. BHARALUMUKH, GUWAHATI-781009, DIST. KAMRUP(M). Advocate for the Petitioner : MR. N NATH, Advocate for the Respondent : MR. O LASKAR, MS A GOGOI,MR. U N CHATTRY BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.09.2025 1. Heard Mr. N. Nath, learned counsel for the petitioner. Also heard Mr. O. Laskar, learned counsel for the respondent. Page No.# 2/3 2. This application is filed under Article 227 of the Constitution of India challenging the order dated 19.09.2022, passed by the learned Civil Judge No.1, Kamrup (Metro) at Guwahati in Title Suit No.81/2020 declining further time to the petitioner to file the written statement. 3. Earlier, the petitioner could not file a written statement in time, thereafter on 27.10.2022 this Court directed the petitioner to file the written statement before 09.11.2022. The question of acceptance of the written statement by the Court below is to be considered today. 4. I have considered the submissions made by learned counsel for both sides. 5. The provision of law as laid down in Order 8 regarding filing of a written statement within 90 days is a directory provision, under appropriate circumstances that time limit can be exceeded, but for that reason the Trial Court has to apply judicial mind. 6. In the case in hand, it appears that since the petitioner failed to file the written statement within the period of 90 days, he was debarred from filing the written statement. 7. This Court is of the opinion that the Trial Court failed to exercise judicial mind, while passing the said order. 8. This Court hereby directs the Trial Court to accept the written statement filed by the present petitioner being the defendant No.2 before the Trial Court and thereafter, the Trial Court shall proceed to dispose of the matter in accordance with the procedure as laid down by law. Page No.# 3/3 9. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant