Gauhati High Court
Sri Labit Saikia vs Smti. Karavi Buragohain @ Karabi ... on 3 August, 2022
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GAHC010224442019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3489/2019
SRI LABIT SAIKIA
S/O- LATE KARUNA KANTA SAIKIA, R/O- VILL.- MEGELA, P.O. MEGELA,
P.S. DOOMDOOMA, DIST.- TINSUKIA, ASSAM.
VERSUS
SMTI. KARAVI BURAGOHAIN @ KARABI AND 6 ORS
W/O- BADAN CH. BURAGOHAIN, R/O- 4 NO. LAKHI NAGAR, NATUN
NIRMALI GAON, P.O. C.R. BUILDING, DIST.- DIBRUGARH, ASSAM.
2:SMTI. PIKU CHETIA
W/O- SRI PHATIK CHETIA
R/O- 4 NO. LAKHI NAGAR
NATUN NIRMALI GAON
P.O. C.R. BUILDING
DIST.- DIBRUGARH
ASSAM.
3:THE STATE GOVT. OF ASSAM
REP. BY THE DEPUTY COMMISSIONER
DIBRUGARH
P.O.
P.S. AND DIST.- DIBRUGARH
ASSAM.
4:THE DEPUTY COMMISSIONER
DIBRUGARH
DIST.- DIBRUGARH
ASSAM.
5:SRI KHORANAN SONOWAL
S/O- LATE RAM PRASAD SONOWAL
C/O- SRI MUNIN SHARMA
R/O- KHATANIAPARA
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NEAR GOPAL GOSALA
P.O.
P.S. AND DIST.- DIBRUGARH
ASSAM.
6:SRI PRATAP CHANDRA GOHAIN
S/O- LATE BAIKUNTHA NATH GOHAIN
R/O- P.W.D. COLONY
MANCOTTA ROAD
P.O.
P.S. AND DIST.- DIBRUGARH
ASSAM.
7:SRI LAKHINDAR CHELLANG
R/O- NIRMALIGAON
P.O.
P.S. AND DIST.- DIBRUGARH
ASSAM
Advocate for the Petitioner : MR. SHEELADITYA
Advocate for the Respondent : MR. T J MAHANTA
Linked Case : RSA Filing No.13608 of 2019
SRI LABIT SAIKIA
VERSUS
SMTI. KARAVI BURAGOHAIN @ KARABI AND 6 ORS
------------
Advocate for :
Advocate for : appearing for SMTI. KARAVI BURAGOHAIN @ KARABI AND 6
ORS
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 03.08.2022
Heard Mr. Sheeladitya, the learned counsel appearing on behalf of the Applicant
and Mr. P.P. Dutta, the learned counsel appearing on behalf of the Respondent Nos. 1
and 2. The other Respondents herein are the Proforma Respondents, whose presence
may not be necessary for the purpose of deciding the instant application as the decree
so passed has been passed against the Applicants herein.
This is an application under Section 5 of the Limitation Act, 1963 for condoning
the delay of 23 days in preferring connected Regular Second Appeal against the
judgment and decree dated 8/5/2019 passed in Title Appeal No. No.5/2018 by the
Court of the Civil Judge, Dibrugarh.
The reasons assigned in the instant application have been mentioned in
paragraph Nos. 3,4 and 5 of the said application. From a perusal of the said
paragraphs, it appears that the certified copy of the judgment and decree dated
8/5/2019 was applied immediately after the delivery of the judgment, which was
received by the Applicant on 15/5/2019. The Applicant who is a senior citizen,
sometime in the last part of June after obtaining all the necessary records came to
Guwahati and met his counsel. After discussion with the counsel he was advised to
prepare a Second Appeal against the impugned judgment. However, at that relevant
point of time the copy of the decree was not available in the record and the Petitioner
was asked to obtain the decree from the First Appellate Court. Thereafter on the 3 rd of
July, 2019 the Applicant approached his local counsel to obtain the decree but the
office of the Civil Judge, Dibrugarh refused to prepare the decree against the said
impugned judgment and order. Under such circumstances, the Applicant filed an
appropriate application before the First Appellate Court and on 21/8/2019 the decree
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was prepared and the same was delivered to the counsel at Guwahati on 9/9/2019.
Thereafter the connected appeal was filed which occasioned the delay of 23 days.
After hearing the learned counsel for the parties, this Court of the opinion that
the grounds assigned in the application constitutes a sufficient cause within the
meaning of the Limitation Act. Consequently, the instant application is allowed.
The Registry is directed the connected appeal and list it under Order XLI Rule
11 of the CPC.
The IA stands disposed off.
JUDGE
Comparing Assistant
