THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. SMT. NIRMALI BORDOLOI AND 3 ORS
Case at a glance
- Bench
- PARTHIVJYOTI SAIKIA
Outcome
Disposed of
With the above, the civil revision petition is disposed of
Provisions considered
Judgment
SMT. NIRMALI BORDOLOI AND 3 ORS. W/O SRI PABITRA BORDOLOI, D/O LATE NABIN CHANDRA DUARAH, R/O BALIJAN (H) T.E., P.O.-HOOGRIJAN, P.S.-DULIAJAN, DIST-DIBRUGARH, ASSAM, PIN-786602 2:SMT. JOYASHRI BHUYAN W/O SRI SANTANU BHUYAN D/O LATE NABIN CHANDRA DUARAH R/O BORDOLOI NAGAR NEAR PENSIONER BHAWAN P.O.-TINSUKIA P.S.-TINSUKIA DIST- TINSUKIA ASSAM PIN-786125 3:SMTI RAJASHREE BORDOLOI W/O SRI RAJMUNI BORDOLOI D/O LATE NABIN CHANDRA DUARAH R/O 6TH MILE CHACHAL CHARAIDEO APARTMENT P.O.-KHANAPARA P.S.-DISPUR DIST-KAMRUP (M) GUWAHATI PIN-781022 Page No.# 2/3 4:SHANKAR DUARAH S/O LATE NABIN CHANDRA DUARAH R/O BISHNUPUR WARD NO. 1 MORANHAT P.O.-MORANHAT P.S.-MORANHAT DIST-CHARAIDEO ASSAM PIN-78567 Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Operative part
04.12.2023 ORDER Heard Mr. A.R. Shome, learned counsel for the petitioner. This is an application under Article 227 of the Constitution of India challenging the order dated 10.05.2022 passed by the learned Civil Judge (Senior Division), Charaideo in Title Suit No. 05/2021. The case of the petitioner lies within a very short compass. The written statement of the petitioner was not accepted by the court below on the ground that the period fixed under Order VIII of the CPC has already expired. It is a settled position of law that the period of 90 (ninety) days, as prescribed by Order VIII of the CPC, is not a mandatory one. The court has the liberty to exercise judicial mind when the written statement is filed beyond the period of 90 days. The impugned order shows that the court below failed to exercise judicial mind in passing the impugned order. Therefore, the impugned order dated 10.05.2022 passed by the learned Civil Judge (Senior Division), Charaideo in Title Suit No. 05/2021 is set aside. The trial court is directed to accept the written statement filed by the present Page No.# 3/3 petitioner Sri Kushal Dutta (defendant no. 3). Thereafter, the trial court shall proceed to hear the entire case in accordance with law. The earlier direction to proceed the case ex parte against Sri Kushal Dutta is also set aside. With the above, the civil revision petition is disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above, the civil revision petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.