Page No.# 1/3 GAHC010044922020 2025:GAU-AS:6792 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/59/2020 LALMANI LASKAR S/O LT. MOKBUL ALI LASKAR, R/O VILL. BERABAK, P.O. NAGDIRGRAM, P.S. SONAI, DIST. CACHAR, ASSAM, PIN-788119 VERSUS SUNITA NUNIA AND 2 ORS. W/O LT. SATNARAYAN NUNIA, R/O VILL. MUKAM CHERRA, P.O. DULHANCHERRA, P.S. RATABARI, DIST. KARIMGANJ, ASSAM, PIN-788735 2:PARBATI NUNIA W/O KRISHNA NUNIA R/O VILL. MUKAM CHERRA P.O. DULHANCHERRA P.S. RATABARI DIST. KARIMGANJ ASSAM PIN-788735 3:KRISHNA NUNIA S/O LT. SATNARAYAN NUNIA R/O VILL. MUKAM CHERRA P.O. DULHANCHERRA P.S. RATABARI DIST. KARIMGANJ ASSAM PIN-78873 For the Petitioner(s) : Mr. R. Majumdar, Advocate For the Respondent(s) : None appears. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2025 Heard Mr. R. Mazumder, the learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondent on call. 2. The supervisory jurisdiction of this Court has been invoked challenging the order dated 03.01.2020 passed by the learned Member, Motor Accident Claims Tribunal, Karimganj whereby the written statement submitted by the petitioner was not accepted as the stage of submission of the written statement was over. 3. The learned counsel appearing on behalf of the petitioner submitted that along with the written statement, the petitioner had also filed an application for vacating the ex-parte against the petitioner and to accept the written statement which was not at all taken into consideration while passing the order dated 03.01.2020. The learned counsel submitted that in terms with the Order IX Rule 7 of the Code of Civil Procedure, 1908 when such an application is being filed that too on an affidavit, the learned Trial Court ought to have duly considered before passing the order dated 03.01.2020. 4. Taking into account the above, this Court is of the opinion that the learned Member, Motor Accident Claims Tribunal, Karimganj had failed to exercise its jurisdiction in the manner envisaged under law by not considering the application so filed being Petition No. 131 along with the Page No.# 3/3 written statement. 5. Consequently, the order dated 03.01.2020 is set aside and quashed. 6. This Court further directs the learned Member, Motor Accident Claims Tribunal, Karimganj to consider the Petition No.131 so filed by the petitioner and as to whether a good cause is shown in the said petition so as to permit the petitioner who is the opposite party in the said petition to file the written statement. 7. Accordingly, the instant petition stands disposed of. 8. The petitioner is directed to appear before the learned Member, Motor Accident Claims Tribunal on 23.06.2025 for further proceedings of the suit and before proceeding with the suit, the learned Trial Court shall duly issue notice upon the respondents. 9. Interim order passed on 28.02.2020 stands vacated. JUDGE Comparing Assistant