Bristina Shira vs The General Manager And 2 Ors
2023 Latest Caselaw 2810 Gua

                                                                      Page No.# 1/2

GAHC010052602023




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

                                Case No. : I.A.(Civil)/1978/2023

            BRISTINA SHIRA
            W/O MEKSTON SHIRA,
            VILL.- BANDARSHI PART III,
            P.O.- BANDARSHI, P.S.- DUDHNOI, DIST.- GOALPARA, ASSAM.



            VERSUS

            THE GENERAL MANAGER AND 2 ORS.
            NORTH EAST FRONTIER RAILWAY, MALIGAON, GUWAHATI- 11, ASSAM.

            2:DEPUTY CHIEF ENGINEER (CONSTRUCTION)
             NORTH EAST FRONTIER RAILWAYS
             MALIGAON
             GUWAHATI- 11
            ASSAM.

            3:THE STATE OF ASSAM
             REP. BY THE DEPUTY COMMISSIONER CUM COLLECTOR
             GOALPARA
             DIST. AND P.O.- GOALPARA
            ASSAM
             PIN- 783101

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : DY.S.G.I.




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                                                                                    Page No.# 2/2

                                           ORDER

02.08.2023 Heard Mr. H. Das, learned counsel for the applicant.

This I.A. has been filed under Section 5 of the Limitation Act, 1963 with a prayer

to condone the delay of 347 days in filing the connected L.A. Appeal against

the judgment and order dated 21.12.2019 passed by the learned District Judge,

Goalpara in L.A. (Reference) Case No.25/2013.

Mr. Das submits that the issue raised in the connected appeal is covered by a

judgment of this Court rendered in the case of Hareswar Daimary & others Vs.

State of Assam and others reported in 2015 (2) GLT 750. Therefore, the delay be

condoned and the appeal be decided on merit.

Mr. R. K. D. Choudhury, learned DSGI appearing on behalf of respondent Nos.1

and 2 and Ms. M. Barman, learned Govt. Advocate, Assam appearing on

behalf of respondent No.3 have submitted in their usual fairness that they would

have no objection if the delay is condoned and the appeal is decided on

merit.

In view of the above and having regard to the explanation furnished in the

application, the delay of 347 days in preferring the connected appeal is hereby

condoned.

Registry to register the connected appeal and list for admission.

I.A. stands disposed of.

JUDGE

Comparing Assistant