Gauhati High Court
Page No.# 1/5 vs Garib Sah Nawaz And 8 Ors on 20 January, 2022
Page No.# 1/5
GAHC010200802018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/303/2018
ON THE DEATH OF LATE NRIPENDRA CH. GHOSH HIS LEGAL HEIRS SMTI
JYOTSNA RANI GHOSH AND 6 ORS
WIFE OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF ANANDA NAGAR, WARD NO 1 OF BILASIPARA TOWN, PO
AND PS BILASIPARA, DIST DHUBRI, ASSAM, 783348
2: SRI DULAL CH. GHOSH
SON OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
3: SRI NABA KUMAR GHOSH
SON OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
4: SRI GAUTAM GHOSH
SON OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
5: SMTI. CHABI GHOSH
DAUGHTER OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF WARD NO 8 OF GOALTULI OF GOALPARA TOWN
Page No.# 2/5
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
6: SMTI. KALPANA GHOSH
DAUGHTER OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF WARD NO 8 OF GOALTULI OF GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
783101
7: SMTI. SUMITRA GHOSH
DAUGHTER OF LATE NRIPENDRA CHANDRA GHOSH
RESIDENT OF WARD NO 8 OF GOALTULI OF GOALPARA TOWN
PO AND PS GOALPARA
DIST GOALPARA
ASSAM
78310
VERSUS
GARIB SAH NAWAZ AND 8 ORS
S/O LATE SAHARUDDIN BEPARI
RESIDENT OF ANANDA NAGAR, WARD NO 1 OF BILASIPARA TOWN, PO
AND PS BILASIPARA, DIST DHUBRI, ASSAM, 783348
2:ON THE DEATH OF ABDUL BARI BEPARI
DEFENDENT NO.2
HIS LEGAL HEIR RABEYA BEWA
W/O LATE ABDUL BARI BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
3:MAINUL HOQUE
S/O LATE ABDUL BARI BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
Page No.# 3/5
DIST DHUBRI
ASSAM
783348
4:HATEM BEPARI
S/O LATE ABDUL BARI BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
5:AFRUZA BIBI
D/O LATE ABDUL BARI BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
6:NUREZA BIBI
D/O LATE ABDUL BARI BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
7:ALI MANSUR BEPARI
S/O LATE SAHARUDDIN BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
ASSAM
783348
8:MATIN BEPARI
S/O LATE SAHARUDDIN BEPARI
RESIDENT OF ANANDA NAGAR
WARD NO 1 OF BILASIPARA TOWN
PO AND PS BILASIPARA
DIST DHUBRI
Page No.# 4/5
ASSAM
783348
9:SETTLEMENT OFFICER
DHUBRI
PO
PS AND DIST DHUBRI
ASSAM
78334
Advocate for the Petitioner : MR G P BHOWMIK
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20.01.2022
Heard the learned senior counsel Mr. A.C. Sarma, assisted by Mr. G.
Bharadwaj, learned counsel for the petitioner. Heard Mr. M. Ahmed, learned
counsel appearing on behalf of Mr. N. Ahmed, learned counsel for the
respondent nos.1 to 8 and Mr. T. Gogoi, learned counsel appears for the
respondent no.9.
Mr. Ahmed has submitted that the learned conducting counsel Mr. N.
Ahmed is suffering from Covid-19.
Mr. Sarma on the other hand submits that the reason for filing the appeal
lies within a very short term. Mr. Sarma has pointed out that the learned first
appellate Court erroneously calculated the dates and finally held that the appeal
was barred by limitation.
I have given my anxious consideration on the submissions made by the
learned counsel for the both sides.
Page No.# 5/5
I have decided to agree with Mr. Sarma that the matter lies within a very
short purpose and does not need an elaborate discussion. That is why, the
prayer of adjournment is rejected.
The first appellate Court held that the appeal was filed beyond the period
of limitation. Mr. Sarma on the other hand illustrated the calculation in the
following manner:
"Judgment of the Trial Court passed on - 19.12.2017
Statutory period of 30 days for First Appeal was upto - 18.01.2018
Time spent for obtaining Certified copy of the Trial Court Judgment & Decree (from
20.12.2017 to 30.01.2018) 42 days
Thus extended period of first appeal was upto - 28.02.2018."
After considering the aforesaid facts, this Court is of the opinion that first
appeal was not barred by limitation. Therefore, the impugned order dated
25.06.2018 passed in T.A. No. 01/2018 is set aside.
The matter is remanded back to the first appellate Court for disposal of
the appeal in accordance with the provisions of law.
Send back the LCR.
This RSA stands disposed of.
JUDGE
Comparing Assistant
