Xxxx Xxxx vs Xxxx Xxxx
2023 Latest Caselaw 2081 Gua

                                                                      Page No.# 1/3

GAHC010063722020




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

                                Case No. : I.A.(Civil)/955/2020

            XXXX XXXX
            S/O- JAGNYESHWAR PATHAK, VILL.- DUBAPARA, P.S. MORNOI, DIST.-
            GOALPARA, ASSAM, PIN- 783101.



            VERSUS

            XXXX XXXX
            D/O- UMESH KALITA, VILL.- BALAGAON- KALITAPARA, P.O. AND P.S.
            CHHAYGAON, DIST.- KAMRUP(R), ASSAM, PIN- 781124.



Advocate for the Petitioner   : MR. M ALI

Advocate for the Respondent :




             Linked Case : Mat.App./43/2019

            JUGAL PATHAK
            S/O- JAGNYESHWAR PATHAK
             VILL.- DUBAPARA
             P.S. MORNOI
             DIST.- GOALPARA
             ASSAM
             PIN- 783101.


             VERSUS
                                                                      Page No.# 2/3


          LAVITA KALITA
          D/O- UMESH KALITA
          VILL.- BALAGAON- KALITAPARA
          P.O. AND P.S. CHHAYGAON
          DIST.- KAMRUP(R)
          ASSAM
          PIN- 781124.


          ------------
          Advocate for : MR. M ALI
          Advocate for : appearing for LAVITA KALITA



                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

19.05.2023.

Heard Mr. M. Ali, learned counsel for the applicant. Though notice is duly served upon the sole respondent, none appears for her.

This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 55 days in preferring the connected matrimonial appeal against the judgment dated 30.03.2019 passed in Case No. TS (D). 58/2017 by the learned Additional sessions Judge, Goalpara. The cause of delay is explained at paragraphs- 2 and 3 of the connected application.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in the paragraphs 2 and 3 of the connected application, this Court is of the opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

Page No.# 3/3

IA stands disposed of.

Registry to register the connected matrimonial appeal, if same is not defective and list for Admission.

JUDGE

Comparing Assistant