Hazrat Ali vs Md. Eusab Ali And 3 Ors
2021 Latest Caselaw 3303 Gua

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GAHC010278872019




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

                          Case No. : I.A.(Civil)/4060/2019

         HAZRAT ALI
         S/O- LATE ZUBBER ALI, R/O- VILL.- DEUTARI, P.O. KIRTANPARA, P.S.
         ABHAYAPURI, DIST.- BONGAIGAON, PIN- 783384.


         VERSUS

         MD. EUSAB ALI AND 3 ORS.
         S/O- LATE ISMAIL SK.

         2:MD. REFAZ UDDIN
          S/O- LATE ISMAIL SK
          BOTH ARE RESIDENTS OF VILL.- DEOTARI
          P.O. KIRTANPARA
          P.S. ABHAYAPURI
          DIST.- BONGAIGAON
         ASSAM
          PIN- 783384 AND PRESENTLY RESIDING AT VILL.- ABHAYAPURI TOWN
         WARD NO. IV
          P.O. AND P.S. ABHAYAPURI
          DIST.- BONGAIGAON
         ASSAM
          PIN- 783384.

         3:MUSSTT. ROYMON BIBI
         W/O- LATE BURJUT ALI
          D/O- LATE JUBBER ALI
          R/O- VILL.- DEOTARY
          P.O. KIRTANPARA
          P.S. ABHAYAPURI
          DIST.- BONGAIGAON
         ASSAM
          PIN- 783384.
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            4:MD. ABDUL SHEIKH
             S/O- LATE NARJESH SHEIKH
             D/O- LATE JUBBER ALI
             R/O- VILL.- DEOTARY
             P.O. KIRTANPARA
             P.S. ABHAYAPURI
             DIST.- BONGAIGAON
            ASSAM
             PIN- 783384

Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent : MR. A ROSHID




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 06-12-2021

Heard Mrs. R Choudhury, learned counsel for the appellant and Mr. A Roshid, learned counsel for the respondent No.4.

This is an application under section 5 of the Limitation Act for condoning the delay of 209 days in filing the regular second appeal against the judgment and decree passed by the First Appellate Court on 18.12.2018 in Title Appeal No.18/2016.

The applicant's case is that pursuant to the said judgment he had approached the lawyer appearing before the First Appellate Court who suggested that the appellant can file an appeal before this Court against the judgment and decree dated 18.12.2018. The appellant being a daily wage labourer did not have the resources for which he went to Delhi to earn certain money and on account of his ill health he had again come back to his native place. Thereafter on account of the frequent disturbances being caused by the decree holders and after taking legal advice and collecting money had approached his lawyer at Guwahati for filling an Page No.# 3/3

appeal and it is in that regard there has been a delay of 209 days in filing the appeal.

On the other hand learned counsel for the respondent No.4 have strongly objected to the said application for condoning the delay on the ground that the statement made in the application is totally unsubstantiated.

I have heard the learned counsel for the parties at length. From a perusal of the application I find that there is sufficient cause for condoning the delay and accordingly, the delay of 209 days is hereby condoned.

Registry is directed to register the main appeal and thereupon place it before the Court under the provision of Order XLI Rule 11 CPC.

The I.A stands disposed of.

JUDGE

Comparing Assistant