Gauhati High Court
Kanak Sarkar vs Rakesh Sarkar And 12 Ors on 31 May, 2022
Page No.# 1/5
GAHC010318372019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2278/2020
KANAK SARKAR
S/O- LATE HAREN SARKAR, R/O- WARD NO. 03, P.S. BIHPURIA, DIST.-
LAKHIMPUR, ASSAM, PIN- 784161.
VERSUS
RAKESH SARKAR AND 12 ORS.
S/O- LATE HAREN SARKAR, R/O- WARD NO. 03, P.S. BIHPURIA, DIST.-
LAKHIMPUR, ASSAM, PIN- 784161.
2:SMTI. DEEPA DEY
W/O- LATE UTTAM DEY
R/O- WARD NO. 03
P.S. BIHPURIA
DIST.- LAKHIMPUR
ASSAM
PIN- 784161.
3:PUTUKAN KALITA
R/O- WARD NO. 04
P.S. BIHPURIA
DIST.- LAKHIMPUR
ASSAM
PIN- 784161.
4:MILAN CHANDRA DEY
S/O- LATE PARUL DEY
R/O- WARD NO. 03
P.S. BIHPURIA
DIST.- LAKHIMPUR
ASSAM
PIN- 784161.
Page No.# 2/5
5:BABUL CHANDRA DEY
S/O- LATE SUBOL CHANDRA DEY
R/O- WARD NO. 12
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM
PIN- 784161.
6:DILIP CHANDRA DEY
S/O- LATE SUBOL CHANDRA DEY
R/O- WARD NO. 12
P.S. NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM
PIN- 784161.
7:NATUN DEY
S/O- LATE SUNIL CHANDRA DEY
R/O- WARD NO. 03
P.S. BIHPURIA
PIN- 784161
DIST.- LAKHIMPUR
ASSAM.
8:ANIL CHANDRA DEY
S/O- LATE GANESH DEY
R/O- WARD NO. 03
P.O. AND P.S. BIHPURIA
PIN- 784161
DIST.- LAKHIMPUR
ASSAM.
9:BOLOHARI DEY
S/O- LATE GANESH DEY
R/O- WARD NO. 03
P.O. AND P.S. BIHPURIA
PIN- 784161
DIST.- LAKHIMPUR
ASSAM.
10:GOPLA DAS
SECRETARY OF SAMABAI SAMITI LTD.
R/O- WARD NO. 8
BIHPURIA
DIST.- LAKHIMPUR
PIN- 784161.
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11:UTTAM DEORY
S/O- BONSHI DEORY
R/O- WARD NO. 3
P.O. AND P.S. BIHPURIA
PIN- 784161
DIST.- LAKHIMPUR
ASSAM.
12:KOMOL KISHORE BAHATI
S/O- NANDA KISHORE BAHATI
R/O- WARD NO. 3
P.O. AND P.S. BIHPURIA
PIN- 784161
DIST.- LAKHIMPUR
ASSAM.
13:RAMESH KUMAR BAHATI
S/O- MURULI DHAR BAHATI
R/O- WARD NO. 3
P.O. AND P.S. BIHPURIA
PIN- 784161
DIST.- LAKHIMPUR
ASSAM
Advocate for the Petitioner : MS. P BHATTACHARYA
Advocate for the Respondent : MR S DUTTA
Linked Case :
SRI KANAK SARKAR
VERSUS
SRI RAKESH SARKAR AND 12 ORS.
------------
Advocate for : MS. P BHATTACHARYA
Advocate for : appearing for SRI RAKESH SARKAR AND 12 ORS.
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 31/05/2022
Heard Ms. P. Bhattacharya, the learned counsel appearing on behalf of the
Applicant and Mr. S Dutta, the learned counsel appearing on behalf of the
Respondent Nos. 2 & 3.
The office note dated 24.05.2022 shows that the service upon the
Respondent No. 1 has been duly effected.
This application under Section 5 of the Limitation Act, 1963 for condoning
the delay of 36 days in preferring the appeal against the judgment and decree
dated 08.08.2019 passed in Title Appeal No. 1/2018.
The reasons assigned in the said application is that the Applicant could not
file the application within time on account of his illness and the doctor advised
him to take bed rest, for which he was not able to come to Guwahati for
treatment. It further appears that on 25.11.2019, the Applicant reached
Guwahati and handed over the documents to the engaged counsel to prepare
an appeal and thereupon the appeal was filed on 20.12.2019 and consequently
there was a delay of 36 days.
From the perusal of the application, it appears that the Applicant has been
able to make out a sufficient cause for condoning the delay of 36 days in
preferring the appeal. Accordingly, this Court therefore condones the delay.
The Registry is directed to register the Regular Second Appeal and put it
for admission in the column of Order XLI Rule 11 of the Code of Civil Procedure,
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1908 on a date to be fixed by the Registry.
The IA stands disposed off.
JUDGE
Comparing Assistant
