Page No.# 1/2 GAHC010190852026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/430/2026 PARIMAL CH. ACHARJEE SON OF LATE SURENDRA BIJOY ACHARJEE, RESIDENT OF 37, BACHASPATI PARA, UTTARAYAN APARTMENT, FLAT NO.1/D, DHAKINESWAR, KOLKATA-700076. VERSUS TAPASH KR DAS SON OF SURENDRA NATH DAS, RESIDENT OF VILL. - KALIBARI, PUKURPAR, WARD NO.5, MOUZA AND P.S.- LUMDING, DIST.- HOJAI, ASSAM Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.09.2026 Heard Mr. S K Ghosh, the learned counsel appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 30.06.2026 passed by the learned Civil Judge (Junior Division) No. 3, Page No.# 2/2 Sankardev Nagar, Hojai in Money Suit No.12/2024. 3. The petitioner is the defendant before the trial court. He filed the Written Statement supported by an affidavit sworn before the Notary at Kolkata. The trial court did not agree with the aforesaid fact and held that the affidavit should be sworn before the Sheristadaar of the court. 4. Mr. Ghosh has submitted that the trial court has overlooked the provisions of law as laid down in Section 139 (aa) of the Code of Civil Procedure, 1908. I have considered the submissions of Mr. Ghosh. 5. I have decided to agree with Mr. Ghosh that the trial court has overlooked the provisions of law as laid down in Section 139 (aa) of the Code of Civil Procedure. 6. Therefore, the order of the trial court dated 30.06.2026 asking the present petitioner to come to the court and swear an affidavit in support of his Written Statement is set aside. The trial court is directed to accept the Written Statement and the supporting affidavit filed by the petitioner before the Notary at Kolkata. 7. In view of the above, the trial court shall dispose of the case in accordance with the procedures as laid down by law. With the aforesaid direction, the Civil Revision Petition is disposed of. JUDGE Comparing Assistant