Page No.# 1/4 GAHC010060632026 2026:GAU-AS:7904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/198/2026 VANJOY CHONG CHOREI AND ANR DAUGHTER OF LATE DEBIRIL CHOREI, WIFE OF LATE AYTHING CHOREI, RESIDENT OF VILLAGE- MAGURAPANJI, P.O.- LONGAI RESERVE, P.S.- BAZARICHERRA, DISTRICT- SRIBHUMI, ASSAM 2: VANJOY HOI CHOREI DAUGHTER OF LATE DEBIRIL CHOREI WIFE OF HOI BANGNIR CHOREI RESIDENT OF VILLAGE- MAGURAPANJI P.O.- LONGAI RESERVE P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSA VERSUS SAMBHU TRIPURA AND 8 ORS SON OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA, RESIDENT OF VILLAGE- EAST LOWAIRPOA, P.O.- HATIKHIRA, P.S.- BAZARICHERRA, DISTRICT- SRIBHUMI, ASSAM 2:MANJU TRIPURA SON OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA RESIDENT OF VILLAGE- EAST LOWAIRPOA P.O.- HATIKHIRA P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSAM 3:RAJU TRIPURA SON OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA RESIDENT OF VILLAGE- EAST LOWAIRPOA Page No.# 2/4 P.O.- HATIKHIRA P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSAM 4:SMTI. NANDA TRIPURA DAUGHTER OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA RESIDENT OF VILLAGE- EAST LOWAIRPOA P.O.- HATIKHIRA P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSAM 5:SMTI. PARBATI TRIPURA DAUGHTER OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA RESIDENT OF VILLAGE- EAST LOWAIRPOA P.O.- HATIKHIRA P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSAM 6:SMTI. MOON TRIPURA DAUGHTER OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA RESIDENT OF VILLAGE- EAST LOWAIRPOA P.O.- HATIKHIRA P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSAM 7:SMTI. NILU TRIPURA DAUGHTER OF LATE JOYRAM TRIPURA AND LATE SMTI LOSHUN SINGH TRIPURA RESIDENT OF VILLAGE- EAST LOWAIRPOA P.O.- HATIKHIRA P.S.- BAZARICHERRA DISTRICT- SRIBHUMI ASSAM 8:THE STATE OF ASSAM NOTICE TO BE SERVED THROUGH THE DISTRICT COMMISSIONER SRIBHUMI P.O. AND P.S. AND DISTRICT- SRIBHUMI ASSAM 9:THE ASST. SETTLEMENT OFFICER PATHARKANDI Page No.# 3/4 P.O. AND P.S.- PATHARKANDI DISTRICT- SRIBHUMI ASSA Advocate for the Petitioner : MR SISHIR DUTTA, MS K BORAH,MR. SIDHANT DUTTA,MS S MOCHAHARI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 05.06.2026 Heard Mr. S. Dutta, learned counsel for the petitioners. Also heard Mrs. D.D. Barman, learned Additional Senior Govt. Advocate appearing for the respondent nos.8 and 9. 2. The learned counsel for the petitioners has submitted that the petitioners are ladies and senior citizens and they had engaged a learned counsel to prepare and file their written statement, which was not filed within time. Therefore, the Court of the learned Civil Judge (Junior Division) No. 3, Sribhumi, passed an order to proceed ex parte against the petitioners. This fact came to light when the petitioners engaged another set of counsel, who had advised the petitioners to file an application under Section 5 of the Limitation Act for condoning the delay of 285 days beyond the period of limitation in filing the written statement. However, the petitioners were not advised to file an application to set aside the order to proceed ex parte against them. It is submitted that on that precise ground, the petition filed under Section 5 of the Limitation Act was rejected by the learned trial Court. 3. The learned counsel for the petitioners has submitted that the correct Page No.# 4/4 recourse would have been for the petitioners to file an application under Order IX Rule 7 CPC for setting aside the ex parte order. 4. The learned counsel for the petitioners has submitted that it is too well settled that the period of limitation to file a written statement under the proviso to Rule 1 of Order VIII CPC is not mandatory but directory. Accordingly, the learned counsel for the petitioners seeks leave to withdraw this application and to move the Court of the learned Civil Judge (Junior Division) No. 3, Sribhumi by filing an appropriate application for setting aside the order proceeding ex parte against the petitioners. 5. The prayer is considered and allowed. 6. Accordingly, this application stands dismissed on withdrawal, with liberty to the petitioners, as prayed for. JUDGE Comparing Assistant