Xxx Xxxx vs Xxx Xxxx
2023 Latest Caselaw 2262 Gua

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GAHC010066492023




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

                                Case No. : I.A.(Civil)/922/2023

            XXX XXXX
            S/O KRIPESH CHNADRA DAS,
            R/O C/O PROJESH DAS SUKANTA SARANI, SHIBALIK PARK, P.O.-
            MEHERPUR,
            P.S.- SILCHAR,
            DIST.- CACHAR, PIN- 788015.



            VERSUS

            XXX XXXX
            W/O KISHORE CHNADRA DAS,
            D/O ASHUTOSH DAS,
            R/O RADHA NAGAR COLONY, BADARPUR TOWN (NEAR HANUMAN
            MANDIR), P.O. AND P.S.- BADARPUR, DIST.- KARIMGANJ, PIN- 788806.



Advocate for the Petitioner   : MR. R A CHOUDHURY

Advocate for the Respondent : MR. S D PURKAYASTHA




            In Mat. App. No. 1092/2023 (Filing Number)
            XXXXXXXX



             VERSUS

            XXXXXXXX
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             ------------
             Advocate for : MR. R A CHOUDHURY
             Advocate for : appearing for XXXXXXXX



                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

31.05.2023

Heard Mr. R.A. Choudhury, learned counsel appearing for the applicant. Also heard Ms. S.S. Bora, learned counsel appearing on behalf of Mr. S.D. Purkayastha, learned counsel for the claimant/respondent.

This is an application under Section 5 of the Limitation Act for condoning the delay of 26 days in preferring the connected Mat. Appeal.

It is submitted by the learned counsel for the applicant that there was no intentional negligence on the part of the applicant and it is only for physical disability he could not come and contact his engaged counsel for preparing the appeal against the Judgment and Order dated 28.11.2022 passed in Misc. (J) Case No. 13/2022 by the learned District Judge, Hailakandi.

One disability certificate is also annexed along with the petition.

The learned counsel appearing for the respondents submits that he has no objection if the delay is condoned.

Considering the submissions made by the learned counsel for the applicant and also the grounds cited in the petition, the delay of 26 days in filing the appeal is condoned.

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Accordingly, the delay stands condoned.

The connected MAC Appeal shall be registered and list it for admission hearing.

The Interlocutory Application stands disposed of accordingly.

JUDGE

Comparing Assistant