Page No.# 1/3 GAHC010226352025 2025:GAU-AS:14439 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/437/2025 TANYA AFRINA ISLAM W/O SAJEED ISLAMR/O SHANTIPUR, MASJID GALI, P.S. BHARALUMUKH, GUWAHATI, PIN CODE- 781009, DIST. KAMRUP (M), ASSAM VERSUS ALMASH ABU BAKAR S/O LATE ABU BAKAR AHAD R/O DR. AYAZ ARCADE, 2ND FLOOR H.B. ROAD, KAMAPATTY, GUWAHATI, PIN CODE- 781001, DIST. KAMRUP (M), ASSAM Advocate for the Petitioner : MR. I CHOUDHURY, HIMSHIKHA TALUKDAR,R L CHUTIA Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.10.2025 1. Heard Mr. I. Choudhury, learned counsel for the petitioner. 2. This application has been filed under Article 227 of the Constitution of India challenging the impugned Order dated 15.09.2025, passed by the learned Civil Judge (Sr. Div.) No.3, Kamrup (M) at Guwahati in Title Suit No.308/2025. 3. The petitioner is the defendant in the suit and on 90th day after receiving summons he filed an application seeking time to file their written statement. The Court held that the 90 days have already elapsed therefore, the petitioner is not entitled to file the written statement. 4. I have considered the submissions of Mr. Choudhury, learned counsel for the petitioner. 5. The provision under Order 8 Rule 1 of the Code of Civil Procedure is directory one and law is settled to that effect. 6. It appears that the learned Trial Court has mechanically passed the order without applying judicial mind. 7. Without much discussion, the impugned order dated 15.09.2025 is set aside. 8. The petitioner is directed to file a written statement on or before 03.01.2026, without fail and after that the Trial Court shall proceed to dispose of the matter in Page No.# 3/3 accordance with the procedure as laid down by law. 9. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant