Page No.# 1/6 GAHC010161002022 2026:GAU-AS:7589 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/192/2022 RAJEN DUTTA S/O- LATE PRIYA DUTTA, R/O- VILLAGE- TANGLA TOWN, WARD NO.-3, P.O. AND P.S.- TANGLA, DISTRICT- UDALGURI, BTR, ASSAM, PIN- 784521. VERSUS NIRMAL SAHA AND ANR S/O- LATE NRIPENDRA SAHA, R/O- VILLAGE- TANGLA TOWN, WARD NO.-3, P.O. AND P.S.- TANGLA, DISTRICT- UDALGURI, BTR, ASSAM, PIN- 784521. 2:GOBINDA CHANDRA SAHA S/O- LATE CHANDA BINOD R/O- VILLAGE- TANGLA TOWN (BABU PARA) WARD NO.-3 P.O. AND P.S.- TANGLA DISTRICT- UDALGURI BTR ASSAM Page No.# 2/6 PIN- 784521 Advocate for the Petitioner : MR. S CHAUHAN, MS. M BARUAH,N ALAM,MR. P MAZUMDER,MR. A R SHOME Advocate for the Respondent : MR. A SATTAR, S CHOUDHURY,MR R P GUPTA,MR Z MUKIT BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 01.06.2026 Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Mr. A. Sattar, learned counsel for the respondent No. 1. 2. The office note dated 21.04.2026 indicates that appropriate steps has not been taken for service of notice on respondent No. 2. However, in view of the nature of the order which is proposed to be passed, the issuance of notice on respondent No. 2 is dispensed with. 3. The respondent No. 1 in this application is the plaintiff in T.S. No. 01/2022, which was filed on 04.02.2022 before the learned Civil Judge, Udalguri. The prayer in the said suit, among others, is for passing a decree of declaration that the respondent No. 1 (i.e. plaintiff in T.S. No. 01/2022) has acquired possessory right, title and interest over the suit land and for consequential decrees. 4. The said suit, having been valued at Rs.6.00 lakh, was filed before the Court having jurisdiction, which is the learned Civil Judge, Udalguri. 5. The petitioner in this application is the plaintiff in T.S. No. 06/2022, Page No.# 3/6 which was instituted on 10.02.2022 before the Court of learned Munsiff at Udalguri. The prayer in the said suit is for issuance of a decree for declaration that the respondent No. 1 herein has no right, title and interest over the suit land and for recovery of khas possession by ejecting the respondent No. 1 and for other consequential reliefs. 6. As the suit was valued at Rs.2.00 lakh, the same was filed before the Court having jurisdiction, i.e., the Court of the learned Munsiff at Udalguri. 7. The respondent No. 1 appeared in the proceedings of T.S. No. 06/2022 and filed a petition bearing No. 262/2022 under Section 10 of the CPC on the ground that the earlier suit between the parties, being T.S. No. 01/2022 is pending for adjudication before the Court of learned Civil Judge, Udalguri. The petitioner contested the said proceedings and the learned Munsiff at Udalguri was pleased to allow the said petition No. 262/2022 and stayed the proceedings of T.S. No. 06/2022 until the disposal of the proceedings of T.S. No. 01/2022, pending before the Court of learned Civil Judge, Udalguri. 8. While the learned counsel for the petitioner has made his submissions in support of the prayer made in this application, the learned counsel for the respondent No. 1 has made his submissions to support the impugned order dated 27.05.2022. 9. On a query of the Court, the learned counsel for the respective parties have submitted that in the proceedings of both the suits, the written statements of the respective defendants have not been filed. 10. Under such circumstances, without finding any fault with the impugned order dated 27.05.2022, passed by the learned Munsiff, Udalguri in T.S. No. Page No.# 4/6 06/2022 to stay the proceedings of T.S. No. 06/2022 till the disposal of T.S. No. 01/2022, pending before the Court of learned Civil Judge, Udalguri is disposed of, the Court is inclined to observe that as the petitioner, as the defendant in T.S. No. 01/2022, would otherwise have a right to file a written statement and if permitted by law, to also make a counter-claim, both the parties will not suffer any prejudice if both suits are analogously tried. 11. As the proceedings of T.S. No. 01/2022 is of a higher value, the proceedings of T.S. No. 06/2022, which is filed before the Court of the learned Munsiff at Udalguri, would have to be taken up by the Court of higher pecuniary jurisdiction and the same can be treated as a counter-claim. 12. Accordingly, as both the parties are stated to have not filed their written statements in the respective suits, the Court is of the view that it would be appropriate for the Court to give liberty to the petitioner, who is the plaintiff in T.S. No. 06/2022, to move an application for transfer of the proceedings of T.S. No. 06/2022 to the Court of learned Civil Judge (Senior Division), Udalguri. 13. Once the case is transferred, the petitioner shall file his written statement and also file an appropriate application so that the plaint in T.S. No. 06/2022 can be treated as a counter-claim in the proceedings of T.S. No. 01/2022 pending before the Court of learned Civil Judge (Senior Division) at Udalguri. 14. In the event such an application is filed, we request the learned District Judge, Udalguri, not to reject the application merely on the ground of pecuniary jurisdiction of the learned Civil Judge (Senior Division), Udalguri to take up the matter in view of the fact that the suit land in both the suits is the same and, Page No.# 5/6 but for the pecuniary jurisdiction, both the matters can be tried together. 15. At this stage, the learned counsel for the respondent No. 1 has pointed out that in T.S. No. 06/2022, filed by the petitioner, in paragraphs 7 and 8, the petitioner has admitted receiving payment of Rs.6.00 lakh as sale consideration for the suit land. Accordingly, the learned counsel for the respondent No. 1 has also questioned as to how the suit filed by the petitioner could have been valued at Rs.2.00 lakh. 16. In light of the said submission made by the learned counsel for the respondent No. 1, as an alternative to the observations and leave granted earlier, the petitioner is also granted the liberty to withdraw T.S. No. 06/2022 from the Court of learned Munsiff at Udalguri, and as he has not yet filed any written statement to contest the proceedings in T.S. No. 01/2022, pending before the Court of learned Civil Judge (Senior Division) at Udalguri, he would have liberty to file his written statement and raise a counter-claim in terms of the pleadings and prayer made in T.S. No. 06/2022. 17. However, as it is a suit of 2022, the alternative relief granted shall be exercised within a period of 4 (four) weeks from the date of the order. If such a step is taken, the petitioner may make a statement in the written statement -cum- counter claim to treat the time spent from 11.08.2022, the date of filing of this application till the filing of written statement and counter-claim as a time spent bonafide before this Court, for consideration of the said learned Court. 18. In any event, both the options shall be exercised on or before 4 (four) weeks from the date of this order. 19. The petitioner and the respondent No. 1, who are represented, shall Page No.# 6/6 enter appearance in the proceedings of T.S. No. 01/2022, pending before the learned Civil Judge (Senior Division), Udalguri, and also in the proceedings of T.S. No. 06/2022, pending before the Court of learned Munsiff at Udalguri and take such appropriate steps as they may be so advised, in terms of both the options referred to above. 20. This petition stands partly allowed to the extent as indicated above. JUDGE Comparing Assistant