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2026 DAILYLAW 13343 (GAU)

CHANDAN KALITA v. SIMANTIKA NATH

CRP(IO)/419/2026 · 2026-08-30

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010183512026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/419/2026 CHANDAN KALITA S/O LATE KULENDRA KALITA, RESIDENT OF VILLAGE- DALGOMA, GOPALPUR, P.O.- DALGOMA, P.S.- MATIA, DISTRICT- GOALPARA, ASSAM, PIN- 783120. VERSUS SIMANTIKA NATH D/O SHAILESH NATH, RESIDENT OF KARMAKARPARA, P.O. AND P.S.- KRISHNAI, DISTRICT- GOALPARA, ASSAM, PIN- 783126. Advocate for the Petitioner : MR. S B LASKAR, MS. R HUSSAIN,MS D DUTTA,MR. H A LASKAR Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 31.08.2026 Heard Mr. S B Laskar, the learned counsel appearing for the petitioner. 2. This application has been filed under Article 227 of Constitution of India challenging the order dated 23.07.2026 passed by the learned (i/c) Additional District Judge, Goalpara in T.S. (D) No.63/2025. Page No.# 2/2 3. The petitioner is the defendant before the trial court. On 23.07.2026 his lawyer filed an application seeking time to file the Written Statement, but the said lawyer was absent in the Court. The Court below ultimately dismissed the application of the petitioner and directed the plaintiff to file her evidence. 4. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned order dated 23.07.2026. 5. This Court is of the opinion that for the ends of justice, the petitioner should be given one opportunity to file the Written Statement. 6. The learned trial court is directed to provide one opportunity to the petitioner to file his Written Statement and after that, the trial court shall dispose of the case in accordance with the procedures as laid down by law. With the aforesaid direction, the Revision Petition is disposed of. JUDGE Comparing Assistant