Under Article 226, the Gauhati High Court granted permission to the petitioner-defendant to file a written statement in a civil suit by May 27, 2022, considering extensions made by the Supreme Court.
Permission to file the written statement by 27.05.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010031122022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/36/2022
RATNA KANTA DEKA
S/O- LATE PREMCHARAN DEKA, R/O- HOUSE NO. 15, BISHNU RABHA PATH, BELTOLA, P.O. BASISTHA, GUWAHATI-781022, DIST.- KAMRUP(M), ASSAM
VERSUS
SAMIP KUMAR DEKA
S/O- SRI AKAN CHANDRA DEKA, R/O- FLAT NO. D5, BLOCK-I, GULMOHAN APARTMENT, RUKMINIGAON, P.O. KHANAPARA, GUWAHATI, PIN- 781022.
Advocate for the Petitioner : MR. B PATHAK
Advocate for the Respondent : MR G BHARADWAJ
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 11.05.2022
Heard Mr. B. Pathak, the learned counsel for the petitioner and Mr. A. C. Sharma, the learned Senior Counsel assisted by Mr. B. Deuri.
The instant application was filed under Article 227 of the Constitution of India, challenging the order dated 03.01.2022 passed by the Learned Civil
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Judge No.2, Kamrup(M), Guwahati whereby the permission to file the written statement beyond the period of 90 days was rejected.
A perusal of the said order shows that the Court had also take into account the order passed by the Supreme Court in Suo Moto Writ Petition No.3/2020. However, it is relevant herein to take note of that vide an order dated 10.01.2022, the Supreme Court had further enlarged the limitation up till 28.02.2022.
Considering the above this Court therefore, deems it proper to permit the petitioner who is the defendant in the suit in Title Suit No.227/2021 to file the written statement by 27.05.2022.
The parties are directed to appear before the Trial Court 27.05.2022. The Trial Court thereafter shall proceed with the disposal of the suit in accordance with law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to be permitted to file a written statement beyond the statutory period of limitation.
Colour shows how this judgement treated each authority
Suo Moto Writ Petition No.3/2020Referred¶19
Ratna Kanta Deka
Samip Kumar Deka
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
