Gauhati High Court
Page No.# 1/4 vs Smti Kiran Das And 3 Ors on 7 January, 2021
Page No.# 1/4
GAHC010113432016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/448/2016
PHILIP DAIMARY and ANR
S/O LATE SONAMAL DAIMARY
2: TANU DAIMRY
S/O LATE KHAGEN DAIMARY
BOTH ARE R/O VILL. HAGRAMARI GAON
MOUZA-AMBAGAN
P.S. UDALGURI
DIST. UDALGURI
BTAD
ASSAM
VERSUS
SMTI KIRAN DAS and 3 ORS,
2:KHARGAGHAR DAS
3:GITABALA DAS
W/O. LATE GOBINDA DAS
VILLAGE HARISINGA
NEAR BY HARISINGA WEEKLY MARKET
PO. AND P.S.HARISINGA
DIST UDALGURI
BTAD
PIN-784510
4:SMTI NIRUPAMA DAS
NO. 1 AND 4 ARE DAUGHTERS AND NO. 2 AND 3 ARE THE SONS OF LATE
UDAI CHANDRA DAS
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ALL ARE R/O VILL. HARISINGA
NEAR BY HARISINGA WEEKLY MARKET
P.O. and P.S. HARISINGA
DIST. UDALGURI
BTAD
PIN 784510
ASSAM
Advocate for the Petitioner : MR.P DEKA
Advocate for the Respondent : MR.D DASR- 1and4
Linked Case :
SRI PHILIP DAIMARY and ANR
VERSUS
SMTI KIRAN DAS and 3 ORS
2:THE DEPUTY COMMISSIONER
NAGAON
NAGAON.
3:THE CHAIRMAN
NAGAON ZILLA PARISHAD
NAGAON.
4:THE EXECUTIVE OFFICER
NAGAON ZILLA PARISHAD
NAGAON.
5:THE CHAIRMAN
DOBOKA TOWN COMMITTEE
P.O. DOBOKA
DIST. NAGAON
ASSAM.
6:THE SECRETARY
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BINNAKANDI ANCHALIK PANCHAYAT
DOBOKA.
7:NARAYAN CH. BHOWMIK
S/O LATE DINESH CH. BHOWMIK
P.O. DOBOKA
DIST. NAGAON
ASSAM.
------------
Advocate for :
Advocate for : appearing for SMTI KIRAN DAS and 3 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 07.01.2021
Heard Mr. S.K. Chakraborty, learned counsel for the applicants. Also heard Mr. D.
Das, learned counsel for the opposite party nos.1 and 4. None appears on call for the
opposite party nos.2 and 3.
2. By this application under section 5 of the Limitation Act, the applicants have prayed
for condoning the delay of 123 days beyond the period of limitation in filing the connected
appeal. It has been submitted at the Bar that although in this application, the days of delay
has been shown as 123 days, but in fact on recalculation, the delay appears to be of 100
days.
3. It is submitted that time till 01.10.2015 was consumed to collect the certified copy
of the judgment and decree passed by the learned Trial Court and after the same was
delivered to their counsel, the counsel had to visit his ailing sister at Tezpur and inadvertently,
he took the file with him. Later on, the sister of the learned counsel was brought from Tezpur
to Guwahati and later on she expired. However, it is projected that the file was left behind at
the house of the sister of the learned counsel and for which, there was an inadvertent delay
of 100 days in filing the connected appeal.
4. The learned counsel for the opposite party nos.1 and 4 has vehemently opposed
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this application and he has referred to the affidavit-in-opposition filed on 10.02.2020 and it is
submitted that the grounds projected are not good grounds to explain the delay and, as such,
he prays for dismissal of this application and consequently prays for dismissal of the appeal.
5. Having seen the projected case of the applicant that their counsel was provided
with the certified copy of the judgment and decree and the counsel being busy in the
treatment of his sister, the connected appeal could not be filed on time and there was an
inadvertent delay. Accordingly, having perused the medical documents annexed, the Court
finds the ground for delay quite plausible and, as such, the same is accepted as good and
sufficient cause which had prevented the applicant to file the connected appeal on time.
Accordingly, the delay in filing the connected appeal is hereby condoned.
6. Registry shall now register the connected appeal and list the same in 'Admission'
column.
7. In the meanwhile, the learned counsel for the respondents shall provide a copy of
the memo of appeal with all enclosures to the learned counsel for opposite party nos.1 and 4.
8. This application stands disposed of.
JUDGE
Comparing Assistant
