Tilak Chandra Bhuyan vs Khyemu Kumari Devi
2023 Latest Caselaw 241 Gua

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GAHC010008392023




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

                                   Case No. : CRP/7/2023

            TILAK CHANDRA BHUYAN
            /O- LATE GOLOK CHANDRA BHUYAN, /O- ASEB COLONY, P.S- NOONMATI,
            P.O- NAGANGI, DIST- KAMRUP (M), GUWAHATI, ASSAM, PIN- 781026,
            PRESENT R/O- ANGEL APARTMENT, FLAT NO. 6E, NEAR HINDUSTAN
            COLLEGE, PATHARQUARY, VIP ROAD, P.O- PATHARQUARY, P.S- SATGAON,
            DIST- KAMRUP(M), GHY, PIN- 781171



            VERSUS

            KHYEMU KUMARI DEVI
            W/O- TAPAN DAS, R/O- GOPINAGAR, WARD NO.10, NORTH LAKHIMPUR
            TOWN, P.O AND P.S- NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM, PIN-
            787001



Advocate for the Petitioner   : MR. U DUTTA

Advocate for the Respondent :




                                         BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

23. 01. 2023 Heard Mr. U Dutta, learned counsel for the petitioner.

The present petition is filed by the petitioner challenging the judgment and Page No.# 2/2

order dated 11.11.2022 passed by the learned Civil Jdge, North Lakhimpur in Misc Appeal No. 02/2022. The said Misc Appeal was preferred by the present petitioner assailing an order dated 23.03.2022 passed by the learned Munsiff No. 1, North Lakhimpur in Misc (J) case No. 18/2020. The said Misc (J) case was registered on an application filed under Section 5 of Limitation Act praying for condonation of delay of 120 days in preferring the petition under Order 9 Rule 13 of the Code of Civil Procedure, 1908 praying for setting aside the ex- parte judgment and decree dated 14.12.2018. The case of the petitioner was that no notice was served upon the petitioner inasmuch as admittedly the notice was affected through substituted service by paper publication, which the petitioner was not aware.

Issue notice, returnable after four weeks.

Petitioner to take steps on the respondent both by way of registered post with A/D and usual process within a period of three days from today.

Till returnable date, further proceeding of the Title Execution case No. 02/2019 pending for disposal before the learned Munsiff No. 1, North Lakhimpur shall remain suspended.

JUDGE

Comparing Assistant