Sri Dayal Chandra Das vs Bodoland Territorial Council
2023 Latest Caselaw 2154 Gua

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GAHC010076102020




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

                                Case No. : I.A.(Civil)/1735/2020

            SRI DAYAL CHANDRA DAS
            S/O- LATE UPENDRA CHANDRA DAS, EX-LABOUR OFFICER OF DHEMAJI
            DISTRICT, P.O. AND DIST.- DHEMAJI, PIN- 787057, ASSAM AND
            PERMANENT RESIDENT OF VILL.- FAGUNAGAON, P.O. BIJNI- 783390,
            DIST.- CHIRANG, ASSAM, PRESENTLY RESIDING AT VILL.- JYOTI NAGAR,
            NEAR TELIPARA CHOWK, MANGALDAI TOWN, P.O. MANGALDAI- 784125,
            DIST.- DARRANG, ASSAM.



            VERSUS

            BODOLAND TERRITORIAL COUNCIL
            BODOFA NGGWR, KOKRAJHAR, P.O. AND DIST.- KOKRAJHAR, PIN- 783370,
            ASSAM. (REP. BY ITS JOINT SECRETARY, MS. JUNUMONI SONOWAL, I/C,
            LABOUR DEPARTMENT).


Advocate for the Petitioner   : MR. N DHAR

Advocate for the Respondent : SC, BTC




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 24-05-2023

Heard Mr. B.K. Sen, learned counsel for the applicant.

Though the order dated 25.11.2022 reflects that Page No.# 2/2

adjournment was sought to file affidavit in opposition, however, no affidavit in opposition has been filed till date and none appears for the respondent also.

This is an application filed under section 5 of the Limitation Act read with Order 41 Rule 3A of the Code of Civil Procedure for condonation of delay of 138 days in preferring the connected appeal by the appellant against the impugned order dated 18.03.2017 passed by the learned Civil Judge, Kokrajhar in Money Suit No.14/2014, thereby rejecting the application filed by the petitioner/appellant for setting aside the ex-parte judgment and decree dated 30.04.2015 passed in Money Suit No.14/2014.

Considering the submission of the learned counsel for the applicant as well as the pleadings made in paragraph 10 of the interlocutory application and after considering the same, this Court is of the considered opinion that the present applicant was prevented by sufficient cause in preferring the connected appeal within time.

Accordingly, the delay is condoned.

The I.A stands disposed of.

Registry to register the connected appeal, if same is not defective and list for Admission showing the name of Standing counsel, BTC.

JUDGE

Comparing Assistant