Page No.# 1/2 GAHC010172922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/394/2026 TARUN MAHANTA S/O LATE SHIVAKANTA MAHANTA, RESIDENT OF SASTRIPEETH, CHOLADHARA, SARUSARAI MOUZA, P.S.- JORHAT, DISTRICT- JORHAT, ASSAM, PIN- 785001. VERSUS BINOY MAHANTA S/O SRI SHIVAKANTA MAHANTA, RESIDENT OF SASTRIPEETH, CHOLADHARA, SARUSARAI MOUZA, P.S.- JORHAT, DISTRICT- JORHAT, ASSAM, PIN- 785001. Advocate for the Petitioner : MR. A GANGULY, MR. A DUTTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.08.2026 Heard Mr. A Ganguly, the learned counsel appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India challenging the impugned order dated 03.06.2026 passed in Petition No.722/2026 as well as the order dated 10.07.2026 passed by the learned Civil Judge (Junior Division), Jorhat in Title Suit No.46/2023. 3. The petitioner is the defendant before the Trial Court. He used to take time to file the Written Statement. On one occasion the Trial Court directed the case to proceed ex pate against the petitioner. Subsequently the petitioner filed an application before the Trial court Page No.# 2/2 praying for vacating the said order directing the case to proceed ex-parte against him. Accordingly, on 20.03.2026, the Trial Court allowed the prayer of the petitioner subject to payment of a cost of Rs.1500/-. 4. After passing the said order also, the petitioner being the defendant neither file the Written statement nor deposited the cost of Rs.1500/-. Therefore, the learned Trial court again directed the case to proceed ex-parte against the petitioner. 5. I have considered the submissions made by Mr. Ganguly. 6. This Court is of the opinion that for the ends of justice, one last chance is required to be given to the petitioner to file the Written Statement. 7. Therefore, order dated 03.06.2026 passed in Petition No.722/2026 as well as the order dated 10.07.2026 passed by the learned Civil Judge (Junior Division), Jorhat in Title Suit No.46/2023 are set aside. 8. The petitioner is directed to file the Written Statement on 24.08.2026. He shall also deposit the cost of Rs.1500/-. If he fails to file the Written Statement on 24.08.2026, the Trial Court shall have the liberty to proceed against him ex parte. With the aforesaid direction, the Revision Petition is disposed of in the motion stage itself. JUDGE Comparing Assistant