Page No.# 1/2 GAHC010157712026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/345/2026 EVALYN SINGNARPI DAUGHTER OF LATE BAPURAM SINGNAR, PRESENTLY RESIDING AT AGARTALA, TRIPURA, PERMANENT RESIDENT OF LORD ENCLAVE, E-7, BLOCK-B, GUWAHATI, P.S. HATIGAON, P.O. HATIGAON, DISTRICT KAMRUP (M), ASSAM. VERSUS BADAL CHANDRA SAHA SON OF LATE CHANDRA MOHAN SAHA, RESIDENT OF VILLAGE KANAIGHAT, PIN-785669, MOUZA MORONGI, P.S. GOLAGHAT, DISTRICT GOLAGHAT, ASSAM. Advocate for the Petitioner : MR. R BORA, MR G BHARADWAJ,MS R MEDHI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 31.07.2026 Heard Mr. R Bora, the learned counsel appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 27.09.2023 passed by the learned Civil Judge (Junior Division) No. 2, Karbi Anglong at Diphu in T.S.No.04/2023. 3. The petitioner being the defendant No. 4 before the Trial Court is in service in the Department of Physiology, Agartala Government Medical College, at Agarlata in Tripura. Her Page No.# 2/2 address in the plaint is shown to be at Diphu. Accordingly, the summons was served upon her. But since she is a resident of Agartala in Tripura, she could not come in time to file her written statement and accordingly the Trial Court decided to proceed ex-parte with the aforesaid case against her. Thereafter, the petitioner came to the Court and filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 praying for setting aside the order directing to proceed exparte with the said case against her. That application was rejected by the learned Trial Court. 4. This Court is of the opinion that since the petitioner is a lady and she is a resident of Agartala in Tripura, the Court should have a lenient view towards her. 5. Accordingly, the impugned order dated 27.09.2023 passed by the learned Civil Judge (Junior Division) No. 2, Karbi Anglong at Diphu in T.S.No.04/2023 is set aside. 6. The petitioner Evalyn Singnarpi shall be given an opportunity to file the written statement and thereafter the Trial Court shall proceed to dispose of the case in accordance with the procedures as laid down by law. With the aforesaid direction the instant revision petition stands disposed of. JUDGE Comparing Assistant