Page No.# 1/2 GAHC010157672026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/358/2026 SMT. SHUKHLESHWARI BORO @ SUBHESWARI BORO D/O LATE NOMAI DEURI, W/O LATE JAGABANDHU BORO, R/O HOUSE NO. 6, LABANYA PATH, GHARAMARA, SHIVA NAGAR, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM, PIN CODE- 781028. VERSUS SANJOY KUMAR CHOUDHURY S/O LATE BHAGABAN CHOUDHURY, R/O BARBARI, VIP ROAD, GUWAHATI, P.S.- DISPUR, DISTRICT- KAMRUP (M), ASSAM, PIN CODE- 781040 Advocate for the Petitioner : DR AZIZ KHAN, MR. BIJOY SUBBA,MS. G BORA Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.08.2026 Heard Mr. A. Khan, the learned counsel appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 05.06.2026 passed by the learned Civil Judge (Sr. Divn.) No.1, Kamrup(M) at Guwahati in Title Suit No.631/2025. Page No.# 2/2 3. The petitioner is the plaintiff before the court below. On 20.01.2026, the defendants filed written statement-cum-counter claim. Copy of the said written statement-cum-counter claim was received by the court. On 05.06.2026, the present petitioner being the plaintiff was to file written statement against the counter claim. On that day, he prayed for an adjournment. The trial court refused the prayer of the petitioner. 4. I have considered the submissions made by Mr. Khan. 5. Without saying any reason, the trial court refused the prayer of the petitioner/plaintiff to provide time to file written statement against the counter claim. Therefore, the impugned order is bad in law and stands set aside. 6. The trial court is directed to provide one opportunity to the petitioner/plaintiff to file written statement against the counter claim and after that, the trial court shall proceed to dispose of the case in accordance with the procedure as laid down by law. With the aforesaid direction, the civil revision petition is disposed of. JUDGE Comparing Assistant