Page No.# 1/3 GAHC010033612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/46/2023 JUNAKI NAGAR NAMGHAR PARISALANA SAMMITTEE P.O- JOYSAGAR, P.S AND DIST- SIVASAGAR, ASSAM, PIN-785640. REP. BY ITS PRESIDENT BHUPEN CHANDRA DAS , AGE ABOUT 59 YRS, S/O- LATE MALIRAM DAS , AND ITS SECRETARY BOBY MONI DUTTA, W/O- SUMAN JIT DAS , AGE-49 YRS, BOTH ARE RESIDENTS OF JUNAKI NAGAR, JOYSAGAR, P.O- JOYSAGAR, P.S AND DIST- SIVASAGAR, ASSAM, PIN-785640. VERSUS PIYALI DAS AND ANR S/O- GHANAKANTA DAS , R/O- RUDRASAGAR, P.O- RUDRASAGAR, P.S AND DIST- SIVASAGAR, ASSAM, PIN-785640. 2:GOPAL DAS S/O- LATE SUREN DAS R/O- JUNAKI NAGAR P.O- DHULIAPAR P.S AND DIST- SIVASAGAR ASSAM PIN-785640 For the Petitioner(s) : Mr. S. R. A. Naser, Advocate For the Respondent(s) : Mr. U. Dutta, Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 27.02.2025 Heard Mr. S. R. A. Naser, the learned counsel appearing on behalf of the petitioner and Mr. U. Dutta, the learned counsel appearing on behalf of the respondents. 2. The petitioner herein is the Defendant No.1 in Title Suit No.61/2021. On account of non-appearance on 31.03.2022, the learned Trial Court i.e. the Court of the learned Munsiff No.1, Sivasagar had debarred the petitioner/defendant No.1 from filing the written statement. Subsequent thereto, the petitioner filed an application for vacating the ex-parte and thereby permitting the petitioner to file the written statement and the said application was also rejected vide the order dated 12.12.2022 and it is under such circumstances, the petitioner has approached this Court. 3. The learned counsel appearing on behalf of the petitioner submits that the written statement to be filed by the defendant No.1 is ready and can be filed on any date as may be directed by this Court. The learned counsel for the petitioner further submits that it was for the reasons beyond control of the defendant No.1, the defendant No.1 could not appear on 31.03.2022 which was duly explained however the learned Trial Court did not appreciate the same for which the order dated 12.12.2022 has been passed. 4. This Court having taken into consideration the submissions made by the learned counsels for the parties and also the well settled principles that rules of procedure are always subservient to the interest of justice is of the opinion that the petitioner who is the defendant No.1 should to be given the leave to file the Page No.# 3/3 written statement inasmuch as an inter party decision on merits would be more in the interest of justice. 5. Accordingly, this Court interferes with the orders dated 31.03.2022 as well as 12.12.2022 and grants the leave to the petitioner to file the written statement. 6. It is seen from the records that this Court vide an order dated 22.02.2023 had stayed the further proceedings of Title Suit No.61/2021 pending before the Court of the learned Munsiff No.1, Sivasagar. The said stay order stands vacated and the petitioner as well as the respondents herein are directed appear before the learned Trial Court on 07.03.2025 and on that date, the petitioner/defendant No.1 shall file the written statement without fail. 7. This Court further takes note of that in the process of not filing the written statement, there has been a delay in the disposal of the suit which is causing prejudice to the plaintiff. Accordingly, this Court imposes a cost of Rs.10,000/- to be deposited by the defendant No.1 at the time of filing the written statement on 07.03.2025 which shall be a condition precedent for the purpose of acceptance of the written statement. The plaintiff thereupon shall be at liberty to file an application before the learned Trial Court for the purpose of release of the said amount and the learned Trial Court shall pass appropriate orders. 8. With above observation and directions, the instant petition stands disposed of. JUDGE Comparing Assistant