Gauhati HC Restores Sunita Agarwal Suit

Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Order Date: 13.11.2026

Petitioner: Sunita Agarwal, wife of Bikash Kumar Goel, residing at BG Road, P.O. & P.S. Sivasagar, District Sivasagar, Assam, PIN‑785640.
Respondent: M/s Sree Maa Multi Kitchen and Restaurant, represented by its owner Shri Jibamoni Kakoty, residing at Lachit Nagar Bus Stop, near Hanuman Mandir, Ulubari, Guwahati, PIN‑781007, District Kamrup Metro, Assam.
Advocates for Petitioner: Mr. M M Zaman, Mr. Iranglube, Mr. S. Chamaria.
Advocate for Respondent: None listed.
Nature of Proceeding: Revision petition (Case No. CRP/209/2026) filed under Article 227 of the Constitution of India, challenging the order dated 30.09.2026 passed by the learned Civil Judge (Senior Division) No.3, Kamrup(M) at Guwahati.
Background: The petitioner had filed a suit for recovery of a large sum of money (M.S. Case No.33/2023). She sought additional time to file her evidence on affidavit, citing ill health that prevented travel to Guwahati. The trial court rejected this request, held that the petitioner failed to file her evidence, and dismissed the suit.
High Court Observation: The Court found that the trial court erred in its approach and that the petitioner should be afforded further opportunity to prosecute the case.

The impugned order dated 30.09.2026 is declared “bad in law” and is set aside.
The original suit (M.S. Case No.33/2023) is restored to file.
The petitioner is directed to be given adequate opportunities to file her evidence on record.
With these directions, the revision petition is disposed of.

Topics: Civil Procedure, Article 227 Review