Lechu Biswas vs Smti Ajabala Das And 2 Ors
2021 Latest Caselaw 1930 Gua

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GAHC010032972016




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/2258/2016

         LECHU BISWAS,
         S/O LATE RAJANI KANTA BISWAS, R/O WARD NO. 3, BILASIPARA TOWN,
         P.O. and P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN 783348



         VERSUS

         SMTI AJABALA DAS and 2 ORS,
         W/O LATE MANINDRA CHANDRA BISWAS @ MANINDRA DAS, R/O
         BILASIPARA TOWN, WARD NO. 3, P.O. BILASIPARA, DIST. DHUBRI, PIN
         783348

         PRESENT ADDRESS- SMTI AJABALA DAS
         C/O ARATI NATH,
         HOUSE No. 8, GIRIJA PATH,
         DURGA MANDIR, BANGALI BASTI,
         BASISTHA CHARIALI, GUWAHATI - 781029
         ON THE DEATH OF DEFENDANT NO. 2 LATE JATRA DAS HIS LEGAL HEIRS
         NAMELY -

         2:SMTI KAMALA DA DAUGHTER
         W/O LT. MADAN BISWAS
          R/O WARD NO. 3
          BILASIPARA
          P.O. and P.S. BILASIPARA
          DIST. DHUBRI
         ASSAM
         PIN 783348

         3:SMTI KHANJU DAS DAUGHTER
         W/O LT. BHANU DAS
          R/O PURANI BAZAR HARIPARA
          P.O. and P.S. BILASIPARA
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             DIST. DHUBRI
             ASSAM
             PIN 78334

Advocate for the Petitioner   : MRG P BHOWMIK

Advocate for the Respondent : MR.A K HUSSAINR




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

20.08.2021

The Court proceedings have been conducted through online court proceeding services. Heard Ms. M. Hore, learned counsel for the applicant and Mr. A.K. Purkayastha, learned counsel assisted by Mr. A.K. Hussain, learned counsel for all the respondents.

The present interlocutory application under Section 5 of the Limitation Act, 1963 has been preferred praying for condonation of delay of 449 days in preferring the connected appeal against the judgment and decree dated 20.01.2015 passed by the first appellate court of learned Civil Judge, Dhubri in Title Appeal no. 54/2013 by which the appeal was dismissed and the judgment and decree dated 29.06.2013 passed by the learned Munsiff in Title Suit no. 78/2009 was affirmed. The learned trial court while dismissing the original suit had allowed the counter claim.

The learned counsel for the parties have submitted that in the connected second appeal, RSA 62/2021, a period of 449 days in preferring the said appeal has already been condoned vide order 24.03.2021 passed in I.A.(C) 2192/2016.

Mr. Purkayastha has fairly submitted that since a period of 449 days has already been condoned in the connected appeal, RSA 62/2021, where the parties are same, the period involved herein i.e. 449 days may also be condoned and both the appeals be heard on merits.

Having perused to the averments made in the application; the observations made in the order dated 24.03.2021 passed in I.A.(C) 2192/2016 in RSA 62/2021, which has arisen out of the same suit; and the submissions made by the learned counsel for the parties, I am of the Page No.# 3/3

considered view that there are sufficient cause to condone the delay of 449 days in preferring the connected appeal. Consequently, the interlocutory application stands allowed.

Registry to register the second appeal and list the same accordingly after 2 (two) weeks.

JUDGE

Comparing Assistant