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2026 DAILYLAW 11298 (GAU)

SRI RAHUL SEN v. SMTI KALPANA SEN AND 3 ORS

CRP(IO)/339/2026 · 2026-07-28

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010155872026 2026:GAU-AS:10423 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/339/2026 SRI RAHUL SEN SON OF LATE BIRULAL SEN, RESIDENT OF DURGABARI RANGAGORA ROAD, PO TINSUKIA, PO AND DISTRICT TINSUKIA, ASSAM, 786147 VERSUS SMTI KALPANA SEN AND 3 ORS WIFE OF LATE BIRULAL SEN, RESIDENT OF DURGABARI RANGAGORA ROAD, DISTRICT TINSUKIA, ASSAM, PIN -786147 2:SMTI NABANITA SEN DAUGHTER OF LATE BIRULAL SEN RESIDENT OF DURGABARI RANGAGORA ROAD DISTRICT TINSUKIA ASSAM PIN 786147 3:SMTI PRIYA DUTTA CHOUDHURY DAUGHETR OF LATE BIRULAL SEN RESIDENT OF NEAR RUBY GENERAL HOSPITAL KASBAGOLPARK E M BYEPASS KOLKATA WEST BENGAL 4:TINSUKIA DEVELOPMENT CORPORATION HAVING ITS OFFICE AT A T ROAD TINSUKIA DISTRICT TINSUKIA ASSAM REPRESENTED BY ITS MANAGING DIRECTOR Advocate for the Petitioner : MR. S CHAMARIA, MR IRANGLUBE,MOMI KALITA,MR N M DEKA,MR M M ZAMAN Page No.# 2/3 Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.07.2026 1. Heard Mr. S. Chamaria, learned counsel for the petitioners. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 16.05.2026, passed by the learned Civil Judge (Senior Division), Tinsukia in Title Suit No.25/2023. 3. The petitioner is the plaintiff before the Court below. The plaintiff had taken several adjournments at the time of filing evidence. On 16.05.2026, the plaintiff was absent in the Court without any steps. Therefore, the hearing of the evidence of the plaintiff’s side was closed. 4. I have considered the submissions made by the learned counsel for the petitioners in the light of the materials available on record. 5. This Court is of the opinion that another opportunity should be given to the plaintiffs to file their evidences. 6. Therefore, the impugned order dated 16.05.2026, passed by the learned Civil Judge (Senior Division), Tinsukia is set aside. Page No.# 3/3 7. The Trial Court is directed to provide one last opportunity to the plaintiffs to file their evidence and after that the Trial Court shall proceed according to law. 8. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant