Page No.# 1/3 GAHC010234612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/442/2025 SMTI SONESWARI RABHA W/O LATE SONARAM RABHA R/O VILLAGE- BAHUPARA, NEAR RANI L. P. SCHOOL, P.O. RANI, P.S. PALASHBARI, DISTRICT-KAMRUP, ASSAM 2: SRI BISWAJIT RABHA S/O LATE SONARAM RABHA BOTH ARE THE R/O VILLAGE- BAHUPARA NEAR RANI L. P. SCHOOL P.O. RANI P.S. PALASHBARI DISTRICT-KAMRUP ASSA VERSUS SRI KARUNA KANTA NATH AND ORS SON OF LATE AMBIKA CHARAN NATH RESIDENT OF VILLAGE AND .O.- BONGORA P.S. PALASHBARI, DISTRICTKAMRUP, ASSAM, PIN- 781015 2:SRI RABIN NATH S/O LATE AMBIKA CHARAN NATH RESIDENT OF VILLAGE- KAHIKUCHI P.. AZARA P.S. AZARA DISTRICT - KAMRUP ASSAM PIN-781017 3:SRI DINESH CHANDRA NATH S/O LATE AMBIKA CHARAN NATH RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 4:SMTI MANORAMA NATH W/O LATE MUKUNDA RAM NATH RESIDENTS OF VILLAGE AND P.O. Page No.# 2/3 BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 5:SMTI KARABI NATH D/O LATE MUKUNDA RAM NATH RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 6:SRI KULDIP NATH S/O LATE MUKUNDA RAM NATH RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 7:SRI UPAKUL NATH S/O LATE MUKUNDA RAM NATH RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 8:SMTI DIPALI DEVI ALIAS SMTI DIPALI NATH W/O LATE ROHINI KUMAR NATH RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 9:MISS DIBYA RANI DEVI D/O LATE ROHINI KUMAR NATH RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015. 10:SRI RAJDEEP NATH S/O LATE ROHINI KUMAR NATH REPRESENTED BY HIS SMTI. DIPALI DEVI ALIASSMTI. DIPALI NATH THE RESPONDENT NO.8. ALL ARE THE RESIDENTS OF VILLAGE AND P.O. BONGARA P.S. PALASHBARI DISTRICT- KAMRUP ASSAM PIN781015 Page No.# 3/3 Advocate for the Petitioner : MR. S SAIKIA, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 31.10.2025 Heard Mr. S. Saikia, learned counsel for the petitioner. This application has been filed under Article 227 of the Constitution of India challenging the order dated 15.09.2025 passed by the learned Civil Judge, Senior Division, Kamrup at Amingaon in T.S. No. 81/2019. On 90th day after receiving summon, the defendant nos. 1(a) and 1(b) filed an application before the court below seeking a direction asking the plaintiffs to provide copy of annexures filed along with the plaint. The trial court held that since it was the 90th day for filing the written statement and therefore they were debarred from filing the written statement. I have considered the submission made by the learned counsel for the petitioner. The mandate of Order 8 Rule 1 of CPC is a directory procedure. It means that whenever defendant is debarred from filing written statement after expiry of 90 (ninety) days, the trial court has to give a reason by applying judicial mind. It appears that the impugned order dated 15.09.2025 was technically passed without applying judicial mind. Therefore, the impugned order is bad in law and stands set aside. The defendant nos. 1(a) and 1(b) shall be allowed to file their written statement before the trial court on 09.12.2025 and after that the trial court shall proceed to dispose of the matter in accordance with law. With the above, the present civil revision petition is disposed of. - JUDGE Comparing Assistant