Lakhi @ Lakhimai Pegu vs Manoj Ramchiary And 4 Ors
2023 Latest Caselaw 1633 Gua

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GAHC010073392023




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

                           Case No. : I.A.(Civil)/961/2023

         LAKHI @ LAKHIMAI PEGU
         W/O JITU PEGU,
         VILL.- DHUNAGURI,
         P.S.- BIHPURIA,
         DIST.- LAKHIMPUR, ASSAM.



         VERSUS

         MANOJ RAMCHIARY AND 4 ORS.
         S/O HARESWAR RAMCHIARY,
         R/O NO. 2 MANIKPUR,
         P.S.- GUGAMUKH,
         DIST.- DHEMAJI, ASSAM.

         2:BHUPEN SAIKIA
          S/O DURMESWAR SAIKIA

         R/O RUPOHI GORPARA

         P.S.- DHEMAJI

         DIST.- DHEMAJI
         ASSAM.

         3:NIJAN CH. PEGU
          S/O DURGESWAR PEGU

         VILL.- DHUNAGURI

         P.S.- BIHPURIA

         DIST.- LAKHIMPUR
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             ASSAM.

             4:NEW INDIA ASSURANCE CO. LTD.
              LAKHIMPUR BRANCH
              ULUBARI
              GAUHATI- 05.

             5:SRIRAM GENERAL INSURANCE CO. LTD.
              ULUBARI
              BORA SERVICE
              NEAR PRONCE HOTEL
              GS ROAD
              GAUHATI
             ASSAM

Advocate for the Petitioner   : B R DAS

Advocate for the Respondent :



                                          BEFORE
                    HON'BLE MRS. JUSTICE MALASRI NANDI
                                          ORDER

26.04.2023 Heard Mr B R Das, learned counsel appearing for the applicant. This is an application filed under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 11 days in preferring the connected appeal against the Judgment and order dated 17.12.2022, passed by the learned MACT, Lakhimpur, in MAC Case No. 61 of 2014.

Learned counsel for the applicant submits that as the presence of respondent Nos. 1 to 3 are not required, their names may be struck off from the array of respondents. The prayer is allowed.

Accordingly, Registry is directed to strike out the names of respondent Nos. 1 to 3, from the array of respondents at the risk of the applicant. Issue notice to the respondent Nos. 4 and 5. The applicant shall take steps upon the respondent Nos. 4 and 5 by registered post Page No.# 3/3

with A/D as well as by usual process, returnable within 4 (four) weeks. Steps be taken within 3 (three) days.

List the matter accordingly, after 4 (four) weeks.

JUDGE

Comparing Assistant