Page No.# 1/4 vs Tribeni Prasad Kanu
2022 Latest Caselaw 1533 Gua

                                                                    Page No.# 1/4

GAHC010125012021




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

                            Case No. : CRP/51/2021

         GANESH KANU AND 6 ORS.
         S/O LATE CHEDILAL KANU, R/O DHEKIAJULI TOWN, WARD NO. 6, P.O., P.S.
         AND MOUZA-DHEKIAJULI-784110, DIST- SONITPUR, ASSAM

         2: SMTI. PANMATI KANU
         W/O LATE CHEDILAL KANU
          R/O DHEKIAJULI TOWN
         WARD NO. 6
          P.O.
          P.S. AND MOUZA-DHEKIAJULI-784110
          DIST- SONITPUR
         ASSAM

         3: SANJOY KANU
          S/O LATE CHEDILAL KANU
          R/O DHEKIAJULI TOWN
         WARD NO. 6
          P.O.
          P.S. AND MOUZA-DHEKIAJULI-784110
          DIST- SONITPUR
         ASSAM

         4: GOBINDA KANU
          S/O LATE CHEDILAL KANU
          R/O DHEKIAJULI TOWN
         WARD NO. 6
          P.O.
          P.S. AND MOUZA-DHEKIAJULI-784110
          DIST- SONITPUR
         ASSAM

         5: ANUP KANU
          S/O LATE CHEDILAL KANU
          R/O DHEKIAJULI TOWN
                                                                          Page No.# 2/4

             WARD NO. 6
             P.O.
             P.S. AND MOUZA-DHEKIAJULI-784110
             DIST- SONITPUR
             ASSAM

            6: LAXMI KANU
             D/O LATE CHEDILAL KANU
             R/O DHEKIAJULI TOWN
            WARD NO. 6
             P.O.
             P.S. AND MOUZA-DHEKIAJULI-784110
             DIST- SONITPUR
            ASSAM

            7: SMTI. PUJA KANU GUPTA
             D/O LATE CHEDILAL KANU
             R/O DHEKIAJULI TOWN
            WARD NO. 6
             P.O.
             P.S. AND MOUZA-DHEKIAJULI-784110
             DIST- SONITPUR
            ASSA

            VERSUS

            TRIBENI PRASAD KANU
            S/O LATE JAMUNA PRASAD KANU, R/O WARD NO. 7, DHEKIAJULI TOWN,
            P.O., P.S. AND MOUZA DHEKIAJULI 784110, DIST-SONITPUR, ASSAM



Advocate for the Petitioner   : MR. A SATTAR

Advocate for the Respondent : MR J H LASKAR




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 10-05-2022

Heard Mr. A. Sattar, learned counsel for the petitioner and Mr. P.K.

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Deka, learned counsel appearing on behalf of the sole respondent.

The instant revision application is directed against the judgment and decree dated 13.11.2019 passed in Title Appeal No. 12/2017. A revision application under Section 115 of the Code of Civil Procedure is not maintainable against the judgment and decree as the remedy lies in filing an appeal under Section 100 of the CPC. If the petitioners are aggrieved, they should have filed an appeal under Section 100 of the Code of Civil Procedure. Under such circumstances, the instant revision application stands dismissed on the ground of non- maintainability.

However, taking into consideration that the petitioner had within the period of limitation filed the instant revision application, this Court in exercise of the powers under Section 14 of the Limitation Act, 1963 grants the liberty to the petitioner to file a regular second appeal if so advised and if such regular second appeal is filed, the period from 16.08.2021 till the date of the instant order shall be excluded in computing the period of the limitation.

It is made clear that the dismissal of the revision application as not maintainable and the liberty granted to the petitioners to prefer a second appeal shall not be construed as any observations pertaining to the merits of the second appeal.

The certified copy of the judgment and decree passed by the trial Court as well as the First Appellate Court be returned to the petitioners by the Registry on appropriate application being filed.

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JUDGE

Comparing Assistant