Gauhati High Court
Nripen Lahkar vs Md. Mamtazuddin Ahmed And 2 Ors on 27 March, 2023
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GAHC010005422022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/80/2022
NRIPEN LAHKAR
S/O- LATE CHANA RAM LAHKAR, R/O- VILL.- LAHKARPARA, P.O.
LAHKARPARA, P.S. GHOGRAPAR, DIST.- NALBARI, ASSAM AND
PRESENTLY RESIDING AT VILL.- MURARA, P.O. AND P.S. RANGIA, DIST.-
KAMRUP, ASSAM
VERSUS
MD. MAMTAZUDDIN AHMED AND 2 ORS
S/O- LATE ABDUL GANI, R/O- VILL.- CHANCHAL PATH, SIXMILE,
GUWAHATI, P.O. AND P.S. DIPSUR, DIST.- KAMRUP(M), ASSAM, PIN- 781005.
2:CHAKRADHAR BARMAN
S/O- SRI SUREN BARMAN
R/O- VILL.- PARAKUCHI
P.O. AND P.S. SARTHEBARI
DIST.- BARPETA
ASSAM
PIN- 781307.
3:THE NEW INDIA ASSURANCE COMPANY LTD.
REP. BY ITS REGIONAL MANAGER
REGIONAL OFFICE
ULUBARI
G.S. ROAD
GUWAHATI-7
KAMRUP(M)
ASSAM AND ITS BRANCH OFFICE AT NOONMATI BRANCH
GUWAHATI
DIST.- KAMRUP(M)
ASSAM REP. BY ITS DIVISIONAL MANAGER
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DIVISIONAL OFFICE-II
G.S. ROAD
BHANGAGARH
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781005
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent :
Linked Case :
NRIPEN LAHKAR
S/O- LATE CHANA RAM LAHKAR
R/O- VILL.- LAHKARPARA
P.O. LAHKARPARA
P.S. GHOGRAPAR
DIST.- NALBARI
ASSAM AND PRESENTLY RESIDING AT VILL.- MURARA
P.O. AND P.S. RANGIA
DIST.- KAMRUP
ASSAM
VERSUS
MD. MAMTAZUDDIN AHMED AND 2 ORS
S/O- LATE ABDUL GANI
R/O- VILL.- CHANCHAL PATH
SIXMILE
GUWAHATI
P.O. AND P.S. DIPSUR
DIST.- KAMRUP(M)
ASSAM
PIN- 781005.
2:CHAKRADHAR BARMAN
S/O- SRI SUREN BARMAN
R/O- VILL.- PARAKUCHI
P.O. AND P.S. SARTHEBARI
DIST.- BARPETA
Page No.# 3/4
ASSAM
PIN- 781307.
3:THE NEW INDIA ASSURANCE COMPANY LTD.
REP. BY ITS REGIONAL MANAGER
REGIONAL OFFICE
ULUBARI
G.S. ROAD
GUWAHATI-7
KAMRUP(M)
ASSAM AND ITS BRANCH OFFICE AT NOONMATI BRANCH
GUWAHATI
DIST.- KAMRUP(M)
ASSAM REP. BY ITS DIVISIONAL MANAGER
DIVISIONAL OFFICE-II
G.S. ROAD
BHANGAGARH
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781005.
------------
Advocate for : MR. R ALI
Advocate for : appearing for MD. MAMTAZUDDIN AHMED AND 2 ORS
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 27.03.2023
Heard Mr. A.R. Das, learned counsel appears on behalf of Mr. A.K.
Purakayastha, learned counsel for the applicant.
An affidavit has already been filed in respect of the dasti mode of service
upon the respondent No. 3.
None appears for the respondent No. 3 on call.
Several times, the applicant was taken step for service of notice upon the
respondent Nos. 1 and 2 but till date no service report has been received.
Accordingly, the service of notice upon the respondent Nos. 1 and 2 may
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be deemed to be served.
The present application has been filed under Section 5 of the Limitation Act,
1963 for condonation of delay of 458 days in preferring the appeal against the
judgment and order dated 21/07/2015 passed by the learned Member, MACT
No.2, Kamrup, Guwahati in MAC Case No. 2897/2008.
It has been submitted by the learned counsel for the applicant that due to
disability, the applicant was unable to appear before the learned trial court to
give his evidence at the relevant time as such, the prayer of the applicant was
rejected. Subsequently, the judgment delivered without hearing the applicant.
The ground of delay has been satisfactorily explained by the applicant in para
Nos. 4 to 6 of the petition and the learned counsel for the respondents side did
not appear to file any objection regarding the prayer of the applicant.
Considering all, the delay of 458 days in filing the connected appeal stands
condoned.
The Registry shall register the connected appeal and list it in admission column.
The I/A stands disposed of.
JUDGE
Comparing Assistant
