Page No.# 1/4 GAHC010272362024 2025:GAU-AS:3543 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/538/2024 BASANTI PHANGSO D/O LATE TULSI PHANGSO, RESIDENT OF VILLAGE DEO CHOTAL PS AZARA, DIST KAMRUP ASSAM VERSUS NITIN DEKA S/O SRI GIRISH DEKA RESIDENT OF HOUSE NO. 93, KATABARI, NIJARA PATH, NEAR MASJID PS GARCHUK,DIST KAMRUP M ASSAM For the Petitioner(s) : Mr. B. Phukan, Advocate For the Respondent(s) : Mr. N.N. Jha, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.03.2025 Heard Mr. B. Phukan, the learned counsel appearing on behalf of the petitioner. Mr. N.N. Jha, the learned counsel appears on behalf of the respondent. Page No.# 2/4 2. The petitioner is aggrieved by the order dated 13.08.2024 passed by the learned Court of the Civil Judge (Senior Division) No. 3, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Trial Court”) in Title Suit No. 184/2024 by which the petitioner was debarred from filing the written statement on the ground that the statutory period of 90 days was over. 3. From the materials on record, it is seen that on 16.05.2024, the summons were duly served upon the petitioner who is the defendant in Title Suit No. 184/2024. On the said date, the defendant/the petitioner herein appeared and filed a petition for the purpose of filing the written statement. The learned Trial court allowed the said application thereby fixing 22.07.2024 for filing of the written statement. The defendant/the petitioner herein thereupon also did not file the written statement and sought for time and accordingly the learned Trial Court fixed the matter on 13.08.2024 for written statement. On 13.08.2024 also, the defendant/the petitioner herein did not file any written statement and it is under such circumstances, the impugned order was passed. 4. This Court has duly taken note of that pursuant thereto, the defendant did not take any steps for filing an application for recalling of the order dated 13.08.2024 before the learned Trial Court and it was only on 17.12.2024 filed the instant proceedings. It is also relevant to take note of that when the matter was taken up by this Court an additional affidavit was filed to the effect that the defendant/the petitioner herein was under treatment from 22.07.2024 to 13.08.2024. The said grounds so assigned in the opinion of this Court would come within the purview of exceptional circumstances to permit the defendant/the petitioner herein Page No.# 3/4 to file the written statement more so when the learned counsel appearing on behalf of the petitioner categorically submitted that the written statement is ready and can be filed on any day as this Court may direct. 5. Be that as it may, there has been certain laches and negligence on the part of the defendant/the petitioner herein and if no cost is being imposed, it would not be in the interest of administration of justice. 6. Consequently, this Court interferes with the order dated 13.08.2024 passed by the learned Trial court insofar as debarring the defendant/the petitioner herein from filing the written statement. 7. This Court vacates the interim order dated 24.02.2025 whereby Title Suit No. 184/2024 was stayed and directs both the parties who are duly represented to appear before the learned Trial Court i.e. the learned Court of the Civil Judge (Senior Division) No. 3, Kamrup (M), Guwahati on 02.04.2025, on which date, the defendant shall file the written statement without fail. 8. It is further observed that this Court imposes a cost of Rs. 15,000/- upon the defendant/the petitioner herein which shall also be deposited before the learned Trial Court on the next date so fixed herein above. It is observed that the deposit of the amount of Rs. 15,000/- shall be a condition precedent for acceptance of the written statement. Failure to comply with the above conditions, the learned Trial Court shall proceed in accordance with law. 9. The plaintiff would be at liberty to file application before the learned Trial Court for release of the said amount and the learned Trial Court shall pass appropriate orders. Page No.# 4/4 10. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant