Page No.# 1/2 GAHC010260472025 2025:GAU-AS:16065 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/485/2025 ELI FURNISHING REPRESENTED BY MD. RAFIZUL HOQUE S/O- LATE MIRKASHIM ALI R/O -F.A. AHMED NAGAR, PURAN BASTI, BYE LANE- 2, HOUSE O. 5, P.O.- KHANAPARA, P.S.- DISPUR, GHY-781022, DISTRICT- KAMRUP (M), ASSAM VERSUS MD LATIF AHMED S/O-LATE PIAR ALI R/O- DARANDHA, NEAR SIX MILE KABARSTAN, PANJABARI ROAD, HOUSE NO. 33, P.O.- KHANAPARA, P.S.- DISPUR, DISTRICT-KAMRUP (M), ASSAM. Advocate for the Petitioner : MR. DILIP DEY, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.11.2025 1. Heard Mr. Dilip Dey, learned counsel for the petitioner. 2. This is an application filed under Article 227 of the Constitution of India challenging the Order dated 19.09.2025, pending in the Court of the learned Civil Judge (Jr. Division) No.4, Kamrup (Metro) at Guwahati. 3. The petitioner is the defendant before the Trial Court. He received summons on 21.06.2025, he engaged advocate Mr. Dilip Dey to represent him in the suit but, the petitioner did not sign any Vakalatnama in favor of Mr. Dilip Dey. 4. Therefore, on 19.09.2025, Mr. Dilip Dey filed an application before the Trial Page No.# 2/2 Court stating that the defendant could not contact him because of his illness and therefore Mr. Dey prays for some time on behalf of the defendant to submit the written statement. 5. The Trial Court held that advocate Mr. Dilip Dey did not have the Vakalatnama to represent the defendant, therefore his presence in the suit was irrelevant. The Trial Court held that after 21.06.2025, the defendant remained absent till 19.09.2025 and therefore posted the case for ex-parte hearing against the defendant. 6. Today, the learned counsel Mr. Dilip Dey has submitted that the defendant was actually suffering from certain ailments and therefore he could not contact him. 7. Learned counsel for the petitioner has submitted that given a chance by this Court, they will definitely file the Vakalatnama and the written statement on behalf of the defendant. 8. After considering the submissions made by the learned counsel for the petitioner, this Court if of the opinion that defendant should be given one opportunity to contest the case. 9. The case is posted on 08.12.2025, therefore the impugned order stands set aside. 10. The defendant is directed to appear before the Trial Court on 08.12.2025 with Vakalatnama of advocate Mr. Dilip Dey, after that the defendant shall file the written statement on the date and after filing of the written statement, the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 11. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant