THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 3 ORS. v. J. A. ELECTRICALS SHOP
CRP(IO)/317/2026 · 2026-07-28
Parthivjyoti Saikia
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11265 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11265 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010145832026
2026:GAU-AS:10421
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/317/2026 THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 3 ORS. REPRESENTED BY THE ASSISTANT GENERAL MANAGER, HOWRAGHAT ELECTRICAL DIVISION, APDCL, CAR, HOWRAGHAT, DIST- KARBI ANGLONG, ASSAM. 2: THE SUB-DIVISIONAL ENGINEER HAMREN ELECTRICAL SUB- DIVISION APDCL DIST- WEST KARBI ANGLONG ASSAM 3: THE CHIEF GENERAL MANAGER (D AND S) APDCL (CAR) BIJULI BHAWAN GUWAHATI DIST- KAMRUP (M) ASSAM 4: THE CHIEF EXECUTIVE OFFICER KANCH ELECTRICAL CIRCLE APDCL DIPHU DIST- KARBI ANGLONG ASSA VERSUS J. A. ELECTRICALS SHOP REPRESENTED BY ITS PROPRIETOR, YASMINA BEGUM, CHAKITUP, P.O.- CHOTHAHOIBAR, P.S.- NAGAON SADAR, DIST- NAGAON, ASSAM. Advocate for the Petitioner : MR P N GOSWAMI, SR. ADV., MR. R BORA
Page No.# 2/3 Advocate for the Respondent : ,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.07.2026
1. Heard Mr. R. Bora, learned counsel for the petitioners. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 20.06.2026, passed by the learned Civil Judge (Senior Division), West Karbi Anglong at Hamren in Misc (J) Case No.01/2026 arising out of Money Suit No.01/2025. 3. The petitioners are the defendants before the Trial Court. After receiving summons, the petitioners entered appearance before the Trial Court through their counsel. At one point of time, because of their failure of appear before the Trial Court, the case is preceded to ex-parte. Thereafter, the petitioners being the defendants filed a petition under Order IX Rule 7 of the Code of Civil Procedure praying to vacate the ex-parte order and prayed for accepting their written statement. 4. In the meantime, the plaintiff, i.e., the present respondent filed his ex-party evidence. The petitioners sought copies of the documents filed by the respondents so that they can file a written statement. 5. The Trial Court held that there is no provision of the Code of Civil Procedure, whereby the defendant can demand supply of copies filed by the plaintiff. 6. Ultimately, the Trial Court refused the prayer of the petitioners to allow them
Page No.# 3/3 to file their written statement. 7. I have considered the submissions made by the learned counsel for the petitioners in the light of the materials available on record. 8.
This Court is of the opinion that at least one opportunity should be given to the petitioners to file their written statement. 9. Therefore, the impugned order dated 20.06.2026, passed by the learned Civil Judge (Senior Division), West Karbi Anglong at Hamren is set aside. 10. The Trial Court is directed to provide one single opportunity to the petitioners file their written statement. No second chance shall been given to the petitioners to file their written statement. 11. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant