Gauhati High Court
Gouri Saha vs Ratna Adhikary And 2 Ors on 16 September, 2021
Page No.# 1/3
GAHC010007722020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/85/2020
GOURI SAHA
W/O LT. SWAPAN SAHA, CENTRL ROAD, SILCHAR (OPPOSITE UBI
SILCHAR BRANCH), C/O SWAPAN SHOE HOUSE, AMBICAPATTY, DIST.
CACHAR, SILCHAR
VERSUS
RATNA ADHIKARY AND 2 ORS.
W/O LT. RAMENDRA NARAYAN ADHIKARI, R/O PREMTOLA SILCHAR
TOWN, DIST. CACHAR, ASSAM
2:SUMAN ADHIKARY
S/O LT. RAMENDRA NARAYAN ADHIKARI
R/O PREMTOLA SILCHAR TOWN
DIST. CACHAR
ASSAM
3:SHARMISTHA ACHARJEE
W/O SRI PROJIT ACHARJEE
D/O LT. RAMENDRA NARAYAN ADHIKARI
R/O MEHERPUR
SILCHAR
DIST CACHAR
ASSA
Advocate for the Petitioner : MR R CHAKRAVORTY
Advocate for the Respondent : MR. N H LASKAR (r-2,3)
Page No.# 2/3
Linked Case : CRP/53/2021
GOURI SAHA
W/O LT. SWAPAN SAHA
CENTRAL ROAD
SILCHAR (OPPOSITE UBI SILCHAR BRANCH)
C/O SWAPAN SHOE HOUSE
AMBICAPATTY
DIST. CACHAR
SILCHAR
VERSUS
RATNA ADHIKARY AND 2 ORS.
W/O LATE RAMENDRA NARAYAN ADHIKARI R/O PREMTOLA
SILCHAR TOWN
DISTRICT- CACHAR
ASSAM
2:SUMAN ADHIKARY
S/O LATE RAMENDRA NARAYAN ADHIKARI R/O PREMTOLA
SILCHAR TOWN
DISTRICT- CACHAR
ASSAM
3:SHARMISTHA ACHARJEE
W/O SRI PROJIT ACHARJEE
D/O LATE RAMENDRA NARAYAN ADHIKARI R/O MEHERPUR
SILCHAR
DISTRICT- CACHAR
ASSAM
------------
Advocate for :
Advocate for : appearing for RATNA ADHIKARY AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 16-09-2021
Heard Shri R Chakravorty, learned counsel for the applicant.
None appears for the respondents in spite of the name of the learned counsel being shown in
the cause list.
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This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay
of 26 days in filing the connected civil revision petition against the judgment and decree dated
28.08.2019 passed by the learned Civil Judge No.1, Cachar, Silchar in TA No.20/2016.
The Appellate Court had affirmed the judgment dated 07.04.2016 in TS No.528/2006 whereby
the counter claim of the petitioner, who was the defendant, has been dismissed.
Shri Chakravorty, learned counsel by referring to the pleadings made in paragraph 10 and 11
submits that there were sufficient grounds beyond the control of the applicant which had prevented
the applicant from filing the connected revision petition within the prescribed period of limitation. The
learned counsel accordingly prays for condoning the delay.
It is a settled position of law that an application filed under Section 5 of the limitation Act is
required to be considered in a pragmatic and justice oriented manner. It has also been laid down by
the Hon'ble Supreme Court in a catena of decisions that liberal view be taken in deciding such
matters.
Considering the submissions made and also taking into consideration the duration of delay of
26 days, this Court is of the opinion that a case for condonation of delay is made out.
Accordingly, the instant interlocutory application is allowed and the delay in filing the
connected revision petition is condoned.
Interlocutory application stands disposed of.
JUDGE
Comparing Assistant
