Page No.# 1/4 GAHC010053722024 2025:GAU-AS:7656 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/107/2024 MILANTI DOLLEY PATIR W/O- SUREN CHANDRA PATIR, R/O- SONAIGHULI, SAWKUCHI, KAHILIPARA, P.S. DISPUR, GUWAHATI-781034, DIST. KAMRUP(M), ASSAM VERSUS SUREN CHANDRA PATIR S/O- LATE RUTANG PATIR, R/O- A.G. STAFF QUARTER COMPLEX, QUARTER NO. 134, BLOCK NO. 10, BEHARBARI, P.O. AND P.S. BASISTHA, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781029. For the Petitioner(s) : Ms. M. Patgiri, Advocate For the Respondent(s) : Mr. B. K. Sen, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.06.2025 Heard Ms. M. Patgiri, the learned counsel appearing on behalf of the Petitioner and Mr. B. K. Sen, the learned counsel appearing on behalf of the respondent. Page No.# 2/4 2. The present application has been filed challenging the order dated 13.12.2023 passed in Title Suit No.131/2021 by the learned Court of the Civil Judge (Senior Division) No.2, Kamrup (M) at Guwahati whereby the learned Trial Court refused to accept the written statement filed by the defendant and further observed that the defendant can participate in the suit proceedings such as conducting cross-examination of the plaintiff witnesses etc. 3. The materials on record show that the petitioner herein who is the defendant in Title Suit No.131/2021 had accepted that she had received the summons in the month of April, 2021. During that period, the COVID pendemic was going on and she did not participate in the said suit proceedings as she was not aware of the legal implication of the summons. This led to passing of an ex-parte order against her on 26.11.2021. 4. Subsequently, in the month of July, 2022, the petitioner went to a lawyer in the Family Court who explained the petitioner about the implication of receipt of the summons and what actions she was required to take. Thereafter, upon making enquiry, the petitioner came to learn that as she did not participate in the said suit proceedings, the learned Trial Court had decided to proceed ex-parte against the petitioner vide an order dated 26.11.2021. It is under such circumstances, the petitioner appeared before the learned Trial Court and filed the petition on 03.08.2022 under Order IX Rule 7 of the Code of Civil Procedure, 1908 (for short ‘the Code’). Along with the said application, the petitioner had also submitted a written statement. The said application filed under Order IX Rule 7 of the Code registered as Petition No.2445/2022 dated Page No.# 3/4 03.08.2022 was rejected vide the impugned order dated 13.12.2023 and it is under such circumstances, the present proceedings have been filed. 5. This Court has duly heard the learned counsels appearing on behalf of the parties. It is relevant to take note of that both the petitioner as well as the respondent are represented by legal aid counsels. 6. This Court further takes note of that the threshold of satisfaction which is required of an application under Order IX Rule 7 of the Code is much less than an application under Order IX Rule 13 of the Code inasmuch as the legislature in its intent have mandated that the cause which is required to be shown in an application under Order IX Rule 7 of the Code is good cause whereas the cause which is required to be shown in Order IX Rule 13 of the Code is a sufficient cause. 7. This Court further finds it relevant to take note of the cause which has been shown in the application so filed by the petitioner under Order IX Rule 7 of the Code and in the opinion of this Court, the said cause shown appears to be a good cause explaining the petitioner’s non- appearance on 26.11.2021. Further to that, this Court also finds it relevant that the petitioner had also filed the written statement on 03.08.2022. Taking into account that rules of procedure are always subservient to the interest of justice, it is the opinion of this Court that the interest of justice would be met if the suit is permitted to proceed on merits thereby allowing the petitioner who is the defendant to participate in the said proceedings with her defence on record. 8. Accordingly, this Court interferes with the impugned order dated 13.12.2023 and directs the learned Court of the Civil Judge (Senior Page No.# 4/4 Division) No.2, Kamrup (M) at Guwahati to accept the written statement filed by the petitioner who is the defendant in the said suit and thereupon to proceed with the suit in accordance with law. 9. This Court further vacates the interim order passed on 10.04.2024 and directs both the parties to appear before the learned Trial Court on 16.07.2025 for further proceedings of the suit. 10. With above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant