Page No.# 1/3 GAHC010238502025 2025:GAU-AS:15004 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/457/2025 MUKUL KEOT S/O- LATE BINODHAR KEOT, R/O- VILL- TARAJAAN KUMAR GAON, MOUZA- BHAIRABPAD, P.S TEZPUR, P.O- B.P. TINIALI, DIST- SONITPUR, ASSAM VERSUS MUKUT BARUAH AND ANR SON OF LATE UPEN BARUAH, RESIDENT OF VILL- GOTAGA, MOUZA- HALESWAR, P.S.- TEZPUR, P.O.- B.P TINIALI, DIST- SONITPUR, ASSAM 2:HEMANTA BARUAH SON OF LATE UPEN BARUAH RESIDENT OF VILL- GOTAGA MOUZA- HALESWAR P.S.- TEZPUR P.O.- B.P TINIALI DIST- SONITPUR ASSA Advocate for the Petitioner : MR. P SUNDI, Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.11.2025 1. Heard Mr. P. Sundi, learned counsel for the petitioner. 2. This application under Article 227 of the Constitution of India has been filed challenging the order dated 03.03.2025, passed by the learned Civil Judge (Sr. Division), Sonitpur, Tezpur in Misc.(J). Case No.35/2025 arising out of Title Suit No.21/2021. 3. The petitioner is one of the many defendants of the suit. He could not appear before the Trial Court after receiving summons. Therefore, Trial Court directed the suit to proceed ex-parte against him. Thereafter, the petitioner filed an application under Order 9 Rule 7 of the CPC stating that he was suffering from certain ailments and, therefore, wanted the Court to set aside the order directing the suit to proceed ex- parte against him. The Trial Court refused the prayer of the petitioner. 4. I have considered the submissions made by learned counsel for the petitioner. 5. The petitioner filed some medical document to substantiate his plea, but the Trial Court held that the petitioner failed to show good cause for non-appearance after receiving summons. 6. The petitioner is a defendant in the suit. He wanted to contest the suit filed against him. It is a basic tenet of natural justice that the defendant should be given adequate opportunity to contest the case. 7. This Court is of the opinion that the learned Trial Court has taken a very strict and mechanical approach while dealing with the matter. 8. Therefore, the impugned order dated 03.03.2025 is set aside. 9. The Trial Court is directed to give one opportunity to the present petitioner to Page No.# 3/3 contest the case by filing a written statement. 10. The present petitioner is directed to file a written statement within the month of December, 2025. 11. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant