Dilip Kumar Kalita vs Paragmoni Deka And Anr
2023 Latest Caselaw 631 Gua

                                                                     Page No.# 1/3

GAHC010024112023




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

                                Case No. : I.A.(Civil)/320/2023

            DILIP KUMAR KALITA
            S/O-LATE KANORAM KALITA, R/O- FLAT NO. D-1, 4TH FLOOR, DIVINE
            TOWER, SANTIPUR BUS STAND, GUWAHATI- 09, KAMRUP(M), ASSAM



            VERSUS

            PARAGMONI DEKA AND ANR
            S/O- LATE NABIN CH DEKA, R/O- VILL- KAHILIPARA, P.S- DISPUR,
            BELTOLA, GUWAHATI- 781005, DIST- KAMRUP, ASSAM, PRESENT R/O- C/O-
            FORENSIC SCIENCE LABORATORY, KAHILIPARA, GUWAHATI- 19, DISPUR,
            DIST- KAMRUP(M), ASSAM

            2:GAJEN RONGPI
             S/O- LATE GANI RONGPI
             R/O- VILL- SARUSAJAI
             P.S- BASISTHA
             MOUZA- BELTOLA
             GUWAHATI
             DIST- KAMRUP
            ASSA

Advocate for the Petitioner   : MR. B D DEKA

Advocate for the Respondent :




             Linked Case :

            DILIP KUMAR KALITA
                                                                        Page No.# 2/3




             VERSUS

             PARAGMONI DEKA AND ANR (F)



             ------------
             Advocate for : MR. B D DEKA
             Advocate for : appearing for PARAGMONI DEKA AND ANR (F)



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

20.02.2023

Heard Mr. B. D. Deka, learned counsel for the applicant.

The present Interlocutory Application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 739 days in preferring the connected revision petition against the impugned judgment dated 28.05.2019, passed by the learned Civil Judge, Kamrup (M) at Guwahati in Title Execution No. 23/2016, whereby the prayer of the applicant to file an application under order 21 Rule 99 of the CPC was rejected. Accordingly, the connected revision petition was filed under Article 227 of the Constitution of India.

As no appeal lies against the order, the said application was filed under Article 227 of the Constitution of India. There is no provision in Limitation Act, prescribing any period of limitation for preferring an application under Article 227 of the Constitution of India.

In that view of the matter, the present application cannot be entertained. At Page No.# 3/3

this stage, Mr. B. D. Deka, learned counsel for the applicant submits that initially he did not file any application for condonation of delay, however, the Filing Section is insisting upon filing an application under Section 5 of the Limitation Act in case of revision petition under Article 227 of Constitution of India.

Be that as it may, Registry cannot insist upon an application under Section 5 of the Limitation Act so far relating to an application under Article 227 of the Constitution of India. Accordingly, the present I.A. is closed.

Registry to register the connected revision petition and list this matter in Motion column in the next week.

JUDGE

Comparing Assistant