Must. Zebin Rahman vs On The Death Of Dharmeswar Deka
2022 Latest Caselaw 4446 Gua

                                                                 Page No.# 1/4

GAHC010168022022




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

                        Case No. : I.A.(Civil)/2538/2022

         MUST. ZEBIN RAHMAN
         W/O LATE KAZIMUDDIN AHMED, R/O MILANPUR, WARD NO. 3, P.S.-
         MORIGAON, P.O.-MORIGAON, DIST-MORIGAON, ASSAM, PIN-782105



         VERSUS

         ON THE DEATH OF DHARMESWAR DEKA
         HIS LEGAL HEIRS

         1.1:SMT. DIPALI DEKA
         W/O LATE DHARMESWAR DEKA
          R/O MORI PACHATIA
          P.S.-MORIGAON
          P.O.-MORIGAON
          DIST-MORIGAON
         ASSAM
          PIN-782105

         1.2:BIPUL DEKA
          S/O LATE DHARMESWAR DEKA
          R/O MORI PACHATIA
          P.S.-MORIGAON
          P.O.-MORIGAON
          DIST-MORIGAON
         ASSAM
          PIN-782105

         1.3:BIJU DEKA
          S/O LATE DHARMESWAR DEKA
          R/O MORI PACHATIA
          P.S.-MORIGAON
          P.O.-MORIGAON
                                                    Page No.# 2/4

             DIST-MORIGAON
             ASSAM
             PIN-782105

            1.4:SMT. BINA DEKA
             D/O LATE DHARMESWAR DEKA
             R/O MORI PACHATIA
             P.S.-MORIGAON
             P.O.-MORIGAON
             DIST-MORIGAON
            ASSAM
             PIN-782105

            1.5:RAJU DEKA
             S/O LATE DHARMESWAR DEKA
             R/O MORI PACHATIA
             P.S.-MORIGAON
             P.O.-MORIGAON
             DIST-MORIGAON
            ASSAM
             PIN-782105

            1.6:SMT. PALLABI DEKA
             D/O LATE DHARMESWAR DEKA
             R/O MORI PACHATIA
             P.S.-MORIGAON
             P.O.-MORIGAON
             DIST-MORIGAON
            ASSAM
             PIN-78210

Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent : MR G J SAIKIA




             Linked Case :

            MUST. ZEBIN RAHMAN



             VERSUS
                                                                       Page No.# 3/4

          ON THE DEATH OF DHARMESWAR DEKA
          HIS LEGAL HEIRS -B



          ------------
          Advocate for : MR. D C C PHUKAN
          Advocate for : appearing for ON THE DEATH OF DHARMESWAR DEKA
          HIS LEGAL HEIRS -B



                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                    ORDER

Date : 14.11.2022

Heard Mr. D.C.C. Phukan, learned counsel for the applicant and Mr. B.D. Deka, learned counsel for the opposite party.

By filing this application under section 14 of the Limitation Act, the applicant is praying for condonation of delay of 35 days beyond the period of limitation in filing the connected revision against the judgment and decree dated 17.03.2022 passed by the learned Civil Judge, Morigaon in TA 1/2020 and affirming the judgment and decree dated 13.11.2019, passed by the learned Munsiff No.1, Morigaon, thereby decreeing the suit on contest.

It is submitted that in order to challenge the judgment and decree, the application had filed RSA 114/2022, which was disposed of by order dated 18.07.2022. Accordingly, it is submitted that the applicant had approached this Court in a wrong jurisdiction.

Although the learned counsel for the opposite party has opposed the prayer, but considering the explanation given, the same is accepted as god and sufficient cause which had prevented the applicant in filing the connected civil Page No.# 4/4

revision petition on time.

Accordingly, the delay of 35 days beyond the period of limitation in filing the connected revision petition is condoned.

This application stands allowed.

The Registry shall now register the connected revision and list the same in the 'Motion' column.

JUDGE

Comparing Assistant