Page No.# 1/3 GAHC010149782026 2026:GAU-AS:10422 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/329/2026 SMT. GAURI BHATTACHARJEE AND 4 ORS. D/O LATE KALICHARAN BHATTACHARJEE, R/O B.C. ROAD, KOLIBARI, P.O. AND P.S.- TEZPUR, MOUZA- MAHABHAIRAB, DISTRICT- SONITPUR, ASSAM. 2: SAMIRAN BHATTACHARYYA S/O LATE ROHINI CHARAN BHATTACHARYYA R/O B.C. ROAD KOLIBARI P.O. AND P.S.- TEZPUR MOUZA- MAHABHAIRAB DISTRICT- SONITPUR ASSAM. 3: APURBA BHATTACHARJEE S/O LATE JOGENDRA CHARAN BHATTACHARJEE R/O B.C. ROAD KOLIBARI P.O. AND P.S.- TEZPUR MOUZA- MAHABHAIRAB DISTRICT- SONITPUR ASSAM. 4: SMT. ARPANA BHATTACHARJEE D/O GANGA CHARAN BHATTACHARJEE R/O B.C. ROAD KOLIBARI P.O. AND P.S.- TEZPUR MOUZA- MAHABHAIRAB DISTRICT- SONITPUR ASSAM. 5: RIJU MONI BARUAH S/O LATE BALO RAM BARUAH Page No.# 2/3 VILLAGE- MILANPUR DEKACHUBURI P.O.- DIPOTA P.S.- TEZPUR MOUZA- HALESWAR DISTRICT- SONITPUR ASSAM PIN- 78415 VERSUS AHMED ALI S/O SAIB ALI, VILLAGE- PUNIONI, MOUZA- HALESWAR, P.O.- SOLMARA, P.S.- TEZPUR, DISTRICT- SONITPUR, ASSAM, PIN- 784501 Advocate for the Petitioner : MR. M C DAS, MR. S P CHOUDHURY Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 29.07.2026 Heard the learned counsel Mr. S.P. Choudhury appearing for the petitioners. 2. This application has been filed under Article 227 of the Constitution of India challenging the order dated 24.06.2026 passed by the learned Civil Judge (Sr. Divn.), Sonitpur, Tezpur in T.S. No.02/2025. 3. The petitioners are the defendants before the trial court. At one point of time, T.S. No.02/2025 was directed to be proceeded ex parte. Later on, the said order was set aside and the present petitioners were given an opportunity to file the written Page No.# 3/3 statement. 4. On 24.06.2026, the petitioners filed an application before the trial court stating that some of the defendants were out of station and their signatures could not be taken. For that matter, the petitioners being the defendants prayed for some more time to file written statement. 5. The learned trial court refused the prayer of the petitioners on certain grounds, which do not require any discussion in this case. 6. I have considered the submissions made by Mr. Choudhury and have understood the facts and circumstances involved in the case before the trial court. This Court is of the opinion that the petitioners should be given some more time to file written statement. Therefore, the order dated 24.06.2026 passed by the learned Civil Judge (Sr. Divn.), Sonitpur, Tezpur in T.S. No.02/2025 is set aside. 7. The petitioners who are the defendants before the trial court should be given another opportunity to file written statement. This shall be the last chance and no further chance shall be given to the defendants to file written statement. With the aforesaid direction, the civil revision petition is disposed of. JUDGE Comparing Assistant