Page No.# 1/3 GAHC010096082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/190/2026 PARTHA PRATIM DAS @ SUNTI DAS S/O MITHARAM DAS, R/O VILL- TELENGANIA, P.O. AND P.S.- BEHALI, DIST- BISWANATH, ASSAM, PIN- 784166 VERSUS ANIL BORUAH S/O LATE BOPA RAM BORUAH, R/O VILL- NO. 1 BORPATHAR, P.O.- GOSAIBARI, P.S.- NARAYANPUR, DIST- LAKHIMPUR, ASSAM, PIN-787033 Advocate for the Petitioner : MR P KATAKI, MS N KASHYAP,MRS R BEGUM Advocate for the Respondent : MR. N BORAH, MR. N BORAH,S K LAHAN BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.07.2026 Heard Mr. P. Kataki, learned Senior Counsel, assisted by Ms. N. Kashyap, learned counsel for the petitioner. Also heard Mr. N. Borah, learned counsel for the respondent. 2. In this petition, under Article 227 of the Constitution of India, the Page No.# 2/3 petitioner has challenged the order dated 21.08.2025 passed by the learned Civil Judge (Senior Division), Biswanath (‘trial Court’, for short), in Money Suit No. 3/2025. 3. Mr. Kataki, learned Senior Counsel for the petitioner submits that the petitioner is a defendant in Money Suit No. 3/2025, and vide impugned order dated 21.08.2025, the learned trial Court had allowed the petitioner to contest the suit, however, barred him from filing his written statement as he could not file the same within the stipulated period. 3.1. And being aggrieved, the petitioner has approached this Court by filing the present petition. 3.2. Mr. Kataki also submits that at the relevant point of time, the petitioner herein was undergoing treatment at Chennai, for which he could not file the written statement in time, and that unless he is allowed to file the written statement, serious prejudice would be caused to him, and on such count, he has contended to interfere with the impugned order dated 21.08.2025. 4. Mr. Borah, learned counsel for the respondent submits that he has no objection in the event of allowing this petition by setting aside the impugned order dated 21.08.2025. 5. Accordingly, taking note of the submissions of learned counsel for both the parties, and also considering the explanation so forthcoming for failing to file the written statement in time, the impugned order, dated 21.08.2025, stands set aside and quashed. 6. It is further provided that the petitioner shall file his written statement within two weeks from today, and on such written statement being filed, the learned trial Court shall take the same on record and proceed to hear the Page No.# 3/3 matter, in accordance with law. 7. Both the parties are directed to appear before the learned trial Court on 24.07.2026. 8. In terms of above, this revision petition stands disposed of. 9. Interim order passed earlier, if any, stands vacated. JUDGE Comparing Assistant