THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. DILIP SAIKIA
Case at a glance
Outcome
Disposed of
With the aforesaid direction, the civil revision petition is disposed of
Provisions considered
- Constitution of India art. 227
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/367/2023 SANJIB HAZARIKA AND 3 ORS S/O LATE KAMAL HAZARIKA, R/O VILL- FATOWAL GAON, P.O.- FURKATNG, P.S.-GOLAGHAT, DIST- GOLAGHAT, ASSAM, PIN-785610 2: SMTI GITALI BORA W/O SRI BIPUL CHANDRA BORA R/O VILL-BHOROLOWA GAON MOUZA-KACHARIHAT P.O.-SALIKIHAT P.S.-GOLAGHAT DIST-GOLAGHAT ASSAM PIN-785625 3: SMTI MITALI KAKOTI W/O SRI AMULYA KAKOTI R/O VILL-GANAKPUKHURI MOUZA-GURJUGONIA P.O.-DHEKIAL P.S.-GOLAGHAT DIST-GOLAGHAT ASSAM PIN-785622 4: SMTI. MOROMI BORA W/O SRI NIPUL BORA R/O VILL-SENSOWA GAON MOUZA DHEKIAL P.O.-ADHAR SATRA P.S.-GOLAGHAT DIST-GOLAGHAT Page No.# 2/3 ASSAM PIN-78570 VERSUS DILIP SAIKIA S/O LATE ADIRAM SAIKIA, R/O VILL- ATH GAON, MOUZA- ATH GAON, P.O.-FURKATING, P.S.-GOLAGHAT, DIST-GOLAGHAT, ASSAM, PIN-785610 Advocate for the Petitioner : L K BORAH Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
08.04.2024 ORDER Heard Mr. L K Borah, learned counsel for the petitioners. This is an application filed under Article 227 of the Constitution of India challenging the order dated 15.09.2023 passed by the learned Civil Judge (Junior Division) No. 2, Golaghat in Title Suit No. 20/2022. On 15.09.2023, the aforesaid Title Suit was posted for taking steps before the preliminary hearing. On that day, the plaintiffs filed an application praying for adjournment on the ground of illness. But the trial court simply rejected the application without showing any ground. I have considered the submission made by the learned counsel for the petitioners. Page No.# 3/3 The impugned order shows that the learned trial court did not exercise judicial mind while passing the impugned order. Therefore, the impugned order dated
Operative part
15.09.2023 passed by the learned Civil Judge (Junior Division) No. 2, Golaghat in Title Suit No. 20/2022 is bad in law and stands set aside accordingly. The trial court shall provide at least one opportunity to the petitioners/plaintiffs to take steps before the preliminary hearing. With the aforesaid direction, 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 aforesaid direction, the civil revision petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.