Gauhati High Court
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Page No.# 1/3
GAHC010017382021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/194/2021
MAINA ORANG AND 5 ORS.
S/O- LATE KARTIK ORANG, R/O- WARD NO. 1, SONARI TOWN, P.O. AND P.S.
CHARAIDEO SUB DIVISION, DIST.- SIVASAGAR, ASSAM.
2: SMTI. LATA ORANG
W/O- LATE KARTIK ORANG
R/O- WARD NO. 1
SONARI TOWN
P.O. AND P.S. CHARAIDEO SUB DIVISION
DIST.- SIVASAGAR
ASSAM.
3: SRI NAINA ORANG
S/O- LATE KARTIK ORANG
R/O- WARD NO. 1
SONARI TOWN
P.O. AND P.S. CHARAIDEO SUB DIVISION
DIST.- SIVASAGAR
ASSAM.
4: SRI SURAJ ORANG
S/O- LATE KARTIK ORANG
R/O- WARD NO. 1
SONARI TOWN
P.O. AND P.S. CHARAIDEO SUB DIVISION
DIST.- SIVASAGAR
ASSAM.
5: SMTI. TORAMONI ORANG
W/O- LATE BUDDHA ORANG @ MONGLU
R/O- WARD NO. 1
SONARI TOWN
P.O. AND P.S. CHARAIDEO SUB DIVISION
DIST.- SIVASAGAR
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ASSAM.
6: SMTI. BABY ORANG
D/O- LATE KARTIK ORANG
R/O- WARD NO. 1
SONARI TOWN
P.O. AND P.S. CHARAIDEO SUB DIVISION
DIST.- SIVASAGAR
ASSAM
VERSUS
ARABINDAH BARUAH
S/O- LATE DURGESWAR BARUAH, R/O- WARD NO. 11, SONARI TOWN, P.O.
AND P.S. SONARI, CHARAIDEO SUB DIVISION, DIST.- SIVASAGAR, ASSAM.
Advocate for the Petitioner : MR. S C KEYAL
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 12.03.2021
Heard Mr. S.C. Keyal, learned counsel for the applicant.
Although this is an application for condonation of delay, but on perusal of the connected
memo of appeal, it appears that after the recent amendment made in the Bengal, Agra and
Assam Civil Courts Act, 1887 the jurisdictional District Judge would now have the jurisdiction
over the subject matter of the connected appeal.
The learned counsel submits that in the present case in hand, the learned Civil Judge,
Sivasagar had passed the judgment in TS No. 19/2016. However, as the new judicial District
Court of Charaideo has been inaugurated, the enforcement of the said judgment is being
done by the learned Civil Judge, Charaideo in connection with T. Ex. Case No. 1/2020.
Therefore, it is submitted that the learned District Judge, Charaideo would now have the
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jurisdiction to entertain the appeal.
It is submitted that as per the documents annexed in this interlocutory application, the
decree in TS 19/2016 had not been prepared till 02.06.2020 and has referred to the order
dated 23.03.2020 passed by the Supreme Court of India in RE: Cognizance for extension of
limitation, Suo Motu Writ Petition (Civil) Case No. 3/2020, whereby the Supreme Court of
India had extended period of limitation till 15.03.2021. Accordingly, it is submitted that this
interlocutory application for condonation of delay was filed as a matter of abundant caution
as the applicant would get the benefit of extension for the period of limitation in terms of the
hereinbefore referred order of the Supreme Court of India.
In view of the said submissions, without making any observation, the Court is inclined
to return this application along with the unregistered memo of appeal to the learned counsel
for the applicant.
This order may be brought to the notice of the learned Registrar (Judicial), who would
make the necessary endorsement in this application and in the connected unregistered memo
of appeal and return the same to the learned counsel for the applicant as expeditiously as
possible.
Upon return of this application and the memo of appeal, it is provided that if the same
is filed before the competent Court now having jurisdiction, the said learned Court shall
entertain the connected appeal as well as this interlocutory application and pass appropriate
orders in accordance with law.
This I.A. together with the connected unregistered memo of appeal stands returned.
There is another unregistered interlocutory application under Order XLI Rule 5 CPC.
The same stands closed with liberty to the applicant to file a fresh application before the
Competent Court.
JUDGE
Comparing Assistant
