Page No.# 1/4 GAHC010271102024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/549/2024 MAHENDRA KUMAR DAS AND 6 ORS. S/O LATE PITAMBAR DAS, R/O VILL- BONDAPARA, P.O.-BONDAPARA, P.S.- BOKO, MOUZA-BEKELI, DIST- KAMRUP, ASSAM 2: BIMAL KUMAR DAS S/O LATE DEBIKANTA DAS R/O VILL- BONDAPARA P.O.-BONDAPARA P.S.-BOKO MOUZA- BEKELI DIST- KAMRUP ASSAM 3: JYOTISH DAS S/O LATE DEBIKANTA DAS R/O VILL- BONDAPARA P.O.-BONDAPARA P.S.-BOKO MOUZA-BEKELI DIST- KAMRUP ASSAM 4: GYAN DAS S/O LATE DEBIKANTA DAS R/O VILL- BONDAPARA P.O.-BONDAPARA P.S.-BOKO MOUZA-BEKELI DIST- KAMRUP ASSAM 5: PRAFULLA DAS S/O LATE PURNA RAJBANGSHI R/O VILL- BONDAPARA Page No.# 2/4 P.O.-BONDAPARA P.S.-BOKO MOUZA-BEKELI DIST- KAMRUP ASSAM 6: PRADANNA DAS S/O LATE PURNA RAJBANGSHI R/O VILL- BONDAPARA P.O.-BONDAPARA P.S.-BOKO MOUZA-BEKELI DIST- KAMRUP ASSAM 7: MRINAL RAJBANGSHI S/O LATE PURNA RAJBANGSHI R/O VILL- BONDAPARA P.O.-BONDAPARA P.S.-BOKO MOUZA-BEKELI DIST- KAMRUP ASSA VERSUS SUBODH RABHA AND 3 ORS. PRESIDENT OF SAIKOTA RAIZ, R/O VILL- SAIKOTA, P.O.-RAJAPARA VIA SINGRA, P.S.-BOKO, DIST - KAMRUP, ASSAM, PIN CODE-781135 2:DIGANTA RABHA S/O LATE KATIRAM RABHA SECRETARY OF SAIKOTA RAIZ R/O VILL- SAIKOTA P.O.-RAJAPARA VIA SINGRA P.S.-BOKO DIST - KAMRUP ASSAM PIN CODE-781135 3:NILOKANTA LAHKAR S/O LATE TARUN LAHKAR R/O VILL- SAIKOTA P.O.-RAJAPARA VIA SINGRA P.S.-BOKO DIST - KAMRUP ASSAM PIN CODE-781135 Page No.# 3/4 4:NARAKANTA RABHA S/O LATE KOKOLA RABHA R/O VILL- SAIKOTA P.O.-RAJAPARA VIA SINGRA P.S.-BOKO DIST - KAMRUP ASSAM PIN CODE-78113 Advocate for the Petitioner : MR N AHMED, S BASUMATARY,MS. S DEVI,MR. B CHOWDHURY Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.01.2025 Heard Mr. B. Chowdhury, learned counsel for the petitioners. In this application under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, 1908. The petitioner has put to challenged the order dated 04.11.2024, passed by learned Civil Judge (Senior Division), Kamrup, Amingaon in T.S. No. 229/2023. It is to be noted here that vide impugned Order dated 04.11.2024, the learned trial Court has dismissed the petition filed by the petitioners to file written statement against the written statement cum counter claim filed by the defendant/respondent Nos. 1 to 4. Mr. B. Chowdhury, learned counsel for the petitioners submits that due to over-sight of the date of hearing in his diary, the written statement could not be filed in time before the learned trial Court and for that only one opportunity may be given to the petitioners to file the written statement against the counter Page No.# 4/4 claim filed by the defendant Nos. 1 to 4. Having heard the submission of learned counsel for the petitioners , I have carefully gone through the petition and the documents placed on record and also perused the impugned order dated 04.11.2024. It appears that the learned trial Court has fixed the next date for documents, as the plaintiff has neither filed the written statement against the counter claim nor sought time to do so, which shows lack of inclination of the part of the plaintiff side to file the written statement against the counter claim filed by the defendant Nos. 1 to 4. Taking note of the submission of Mr. B. Chowdhury, learned counsel for the petitioners, this Court is inclined to allow the petition, by setting aside the impugned order dated 04.11.2024, however, subject to payment of cost of Rs. 5,000/. The petitioner is allowed to file written statement before the learned trial Court on next date fixed, and in the event of such filing the learned trial Court shall accept the written statement filed by the petitioners against the counter claim filed by the defendant/respondent Nos. 1 to 4 and thereafter to proceed with the matter in accordance with law. In terms above, this CRP(IO) stands disposed of. JUDGE Comparing Assistant