Pabitra Dutta vs Surasari Dutta
2021 Latest Caselaw 2132 Gua

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GAHC010073152021




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

                                Case No. : I.A.(Civil)/1255/2021

            PABITRA DUTTA
            S/O. LATE DHARANIDHAR DUTTA, R/O. VILL. NIZ PAKOWA, P.S. BELSOR,
            DIST. NALBARI, ASSAM

            VERSUS

            SURASARI DUTTA
            D/O SRI NAGENDRA NATH MAZUMDAR, R/O, JURIPAR, PANJABARI ROAD,
            GUWAHATI-781022, ASSAM

Advocate for the Petitioner   : MRS M D CHOWDHURY

Advocate for the Respondent :
                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 09.09.2021

Heard Mrs. M.D. Choudhury, learned counsel for the applicant.

The present interlocutory application has been filed for making some correction in the order dated 23.03.2021 passed in (.A. (Civil) 777/2021. In the said order, there is a sentence, which reads as "According to Ms. Choudhury, the matter should have been registered as Matrimonial First Appeal (MFA) No. 15 of 2011."

Ms. Choudhury, submits that instead of Matrimonial First Appeal, it should have been mentioned as Matrimonial Appeal. Moreover, no such Page No.# 2/2

number as mentioned in the said order is required to have been mentioned.

The Regular First Appeal No. 15/2011 was in fact a Matrimonial Appeal challenging a judgment of the court of the District Judge, Nalbari passed in T.S. (D) 03/2005. Therefore, the RFA 15/2011 was registered and at the time of hearing, none appeared and therefore, the appeal stood dismissed. Thereafter in the year 2019, a prayer for restoration of the appeal along with a prayer for condonation of delay was filed. The said condonation petition is yet to be admitted.

Now, Ms. Choudhury submits that now-a-days, appeals arising out of divorce decree passed by the District Judge are registered as Matrimonial Appeal, not as Regular First Appeal. Ms. Choudhury, further submits that since the earlier appeal was registered as RFA 15/2011, therefore now it is not possible to list this case again. On this point, I have reason to hold that this matter may be corrected at a later stage also, atleast after disposal of the delay condonation petition, which is registered as I.A. (Civil) 3207/2019. Therefore, the present application shall be listed along with I.A. (Civil) 3207/2019 and I.A. (Civil) 3209/2019.

All the aforesaid three cases shall be listed on 15.09.2021.

JUDGE

Comparing Assistant