Page No.# 1/3 vs Hosenara Begum And 3 Ors
2022 Latest Caselaw 51 Gua

                                                                Page No.# 1/3

GAHC010183572018




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

                        Case No. : I.A.(Civil)/3036/2018

         ABU TAHER ALI AND 4 ORS
         S/O LATE EKABBAR HUSSAIN R/O VILL PIPULBARI BAZAR PS
         MANKACHAR, DIST SOUTH SALMARA ASSAM 783131

         2: ILIAS ALI
          S/O LATE EKABBAR HUSSAIN
         R/O VILL PIPULBARI BAZAR
         PS MANKACHAR
          DIST SOUTH SALMARA
         ASSAM
         783131

         3: YASIN ALI
          S/O LATE EKABBAR HUSSAIN
         R/O VILL PIPULBARI BAZAR
         PS MANKACHAR
          DIST SOUTH SALMARA
         ASSAM
         783131

         4: NUR ISLAM
          S/O LATE EKABBAR HUSSAIN
         R/O VILL PIPULBARI BAZAR
         PS MANKACHAR
          DIST SOUTH SALMARA
         ASSAM
         783131

         5: NUR HASSAN
          S/O LATE EKABBAR HUSSAIN
         R/O VILL PIPULBARI BAZAR
         PS MANKACHAR
          DIST SOUTH SALMARA
         ASSAM
                                                                            Page No.# 2/3

            78313

            VERSUS

            HOSENARA BEGUM AND 3 ORS
            W/O LATE ZAHIRUL ISLAM VILL MANKACHAR(MIAHPARA) PS
            MANKACHAR, DIST SOUTH SALMARA ASSAM 783131

            2:ASRAF ALI
             S/O LATE HABIBAR RAHMAN
            VILL DHEBDHEBI (BALUCHANDA)
            PS MANKACHAR
             DIST SOUTH SALMARA
            ASSAM
            783131

            3:POSUT ULLAH
             S/O LATE UZIR MAMUD
            R/O VILL PIPULBARI BAZAR
            PS MANKACHAR
             DIST SOUTH SALMARA
            ASSAM
            783131

            4:AROTIBALA DAS
            W/O PORESH CHANDRA DAS
            R/O VILL PIPULBARI BAZAR
            PS MANKACHAR
             DIST SOUTH SALMARA
            ASSAM
            78313

Advocate for the Petitioner   : MR DEBA KUMAR DAS

Advocate for the Respondent :


                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 05.01.2022

Heard Mr. DK Das, learned counsel for the applicant and Mr. R Islam, learned counsel for the respondent No.1. The respondent Nos.2 and 3 have not appeared on call in spite of service of notice.

Page No.# 3/3

This is an application under Section 5 of the Limitation Act, 1963 praying for condoning the delay of 86 days in filing the connected regular second appeal.

It has been averred in the said application that on account of communication gap the applicant was not aware of the result of the appeal and had no knowledge about the judgment and decree dated 01.12.2017 passed in Title Appeal No.28/2016. Immediately on coming to learn about the same the applicant had taken steps.

It has also been contended that the applicant resides in the remote part of Assam and as such it was not feasible for the applicant to immediately contact the lawyer for which the delay of 86 days occurred.

I have perused the application filed under section 5 of the Limitation Act and in my opinion the explanation given in the said application amounts to sufficient cause within the meaning of Section 5 of the Limitation Act.

Accordingly the delay of 86 days is condoned. Registry to list the regular second appeal for admission under Order XLI Rule II CPC.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant