Page No.# 1/6 GAHC010216592024 2025:GAU-AS:8819 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/447/2024 NITA DAIMARY AND ANR W/O- LATE SUNIL CHANDRA DAIMARY, R/O- VILL.- LAFLONG KHALABARI, P.O. SONAPUR, DIST. KAMRUP(M), ASSAM-782402. 2: SMTI. BARNALI DAIMARY D/O- LATE SUNIL CHANDRA DAIMARY R/O- VILL.- LAFLONG KHALABARI P.O. SONAPUR DIST. KAMRUP(M) ASSAM-782402 VERSUS SMTI TUNU MAHANTA DAIMARY AND 11 ORS. W/O- LATE ANIL CHANDRA DAIMARY, R/O- SOUTH SARANIA, HOUSE NO. 99, NEAR SOUTH SARANIA L.P. SCHOOL, P.O. ULUBARI, GUWAHATI, KAMRUP(M), ASSAM-781007. 2:SMTI PURNIMA DAIMARY @ DEKA W/O- SRI KUMBHA DEKA R/O- VILL.- UDMARI P.O. DEOSAL DIST. MORIGAON ASSAM PIN- 782410. 3:ON THE DEATH OF RIMAN BORO HIS LEGAL HEIRS NAMELY- 3.1:SMT MITALI BORO W/O LATE RIMAN BORO R/O VILLAGE- LAFLONG KHALABARI P.O- SONAPUR DISTRICT- KAMRUP(M) Page No.# 2/6 ASSAM. PIN- 782402 3.2:SRI DIBRAJ BORO S/O LATE RIMAN BORO R/O VILLAGE- LAFLONG KHALABARI P.O- SONAPUR DISTRICT- KAMRUP(M) ASSAM. PIN- 782402 3.3:SMTI MITA BORO D/O LATE RIMAN BORO R/O VILLAGE- LAFLONG KHALABARI P.O- SONAPUR DISTRICT- KAMRUP(M) ASSAM. PIN- 782402 4:SURESH BORO S/O- LATE ANIMA BORO AND LATE KAJAL BORO R/O- VILL.- LAFLONG KHALABARI P.O. SONAPUR DIST. KAMRUP(M) ASSAM-782402. 5:SMTI. JOONMONI BORO D/O- LATE ANIMA BORO AND LATE KAJAL BORO R/O- VILL.- LAFLONG KHALABARI P.O. SONAPUR DIST. KAMRUP(M) ASSAM-782402. 6:SMTI. CHAMPA DAIMARY @ BORO W/O- SRI BHOLA BORO R/O- DHIRENAPARA P.S. FATASHIL AMBARI GUWAHATI KAMRUP(M) ASSAM PIN- 781025. 7:SMTI RUNU DAIMARY @ CHOUDHURY W/O- SRI HARESWAR CHOUDHURY R/O- VILL.- FATGAON SONAPUR P.O. KAMALAJARI DIST. KAMRUP(M) ASSAM-782402. 8:GAJEN BORO Page No.# 3/6 S/O- LATE DEBEN BORO R/O- VILL.- LAFLONG KHALABARI P.O. SONAPUR DIST. KAMRUP(M) ASSAM-782402. 9:SMTI. SUSHILA BORO D/O- LATE KAN BORO R/O- VILL.- LAKARIHAT P.O. SONAPUR DIST. KAMRUP(M) ASSAM-782402 Advocate for the petitioner(s): Mr. G Kaushik Advocate for the respondent(s): Mr. R Sarma Ms. D Khakhlary B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 27.06.2025 Heard Mr. G Kaushik, the learned counsel appearing on behalf of the petitioners. Mr. R Sarma, the learned counsel who appears on behalf of respondent Nos.1, 2, 6 and 7 and Ms. D Khakhlary, the learned counsel who appears on behalf of the respondent No.9. 2. This Court has also perused the affidavit of service, wherefrom it is seen that service upon the respondent Nos.3(a), 3(b), 3(c) and respondent Nos.4 and Page No.# 4/6 5 was sought to be effected by way of Dasti, but the said respondents refused to accept. Taking into account the same, service upon the above respondents would be deemed to have been served. 3. The issue involved in the instant application is that the order dated 29.07.2024 whereby the Court of the learned Civil Judge (Senior Division) No.3, Kamrup(M) at Guwahati had rejected the prayer to grant time for filing of the written statement on the ground that on the 90th day, the written statement was not filed. 4. The learned counsel appearing on behalf of the petitioners further draws the attention of this Court that on that very date, an application was filed by the petitioners herein under Order VII Rule 11 read with Section 151 for rejection of the plaint and the learned Trial Court having registered the same and thereupon had kept the suit in abeyance till the disposal of the proceedings under Order VII Rule 11. 5. The learned counsel, therefore, submitted that on the 90th day as the suit was stayed by the learned Trial Court, the learned Trial Court ought not to have debarred the petitioners from filing their written statement, more so, for deciding an application under Order VII Rule 11, the settled principles of law stipulates that only the contents of the plaint are required to be looked into. Page No.# 5/6 6. This Court has enquired as to the outcome of the application filed under Order VII Rule 11 from the learned counsels and it has been informed that the same is pending. 7. In the opinion of this Court that the learned Trial Court erred in exercise of its jurisdiction inasmuch as, on one hand, the learned Trial Court kept the suit in abeyance and on the other hand debarred the petitioners, who are the defendants in the suit from filing the written statement on the 90th day. The same in the opinion of this Court was a gross error in exercise of jurisdiction. Accordingly, this Court interferes with the order dated 29.07.2024 insofar as debarring the petitioners who are the defendant Nos.1 and 2 from filing the written statement. 8. Mr. G Kaushik, the learned counsel appearing on behalf of the petitioners submits that the written statement is ready and can be filed on any date as this Court may deem fit. Taking into account the above, the present proceedings stands disposed of with the following observation(s) and direction(s): (i). The order dated 29.07.2024 passed in Title Suit No.107/2024 is interfered with insofar as debarring the defendant Nos.1 and 2/the petitioners herein from filing the written statement. (ii). It is relevant to take note of that vide the order dated 12.02.2025 the Page No.# 6/6 further proceedings of Title Suit No.107/2024 was stayed. The said stay order stands vacated. (iii). As both the parties are duly represented, they are directed to appear before the learned Trial Court on 29.08.2025, on which date, the petitioners herein who are the defendant Nos.1 and 2 are given a final opportunity to file their written statement. (iv). The learned Trial Court is directed to accept the written statement filed by the petitioners herein dehors the fact that the suit proceedings is otherwise kept in abeyance till the disposal of the application filed under Order VII Rule 11. (v). The learned Trial Court thereupon shall proceed in accordance with law. 9. In view of the facts of the present case, there shall be no order as to costs. JUDGE Comparing Assistant