Krishna Kr Singh @ Kishan Singh vs Smt. Shyamali De And 2 Ors
2023 Latest Caselaw 4400 Gua

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GAHC010237402023




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

                        Case No. : I.A.(Civil)/838/2023


         KRISHNA KR SINGH @ KISHAN SINGH
         S/O LATE RAJ ROSHAN SINGH
         R/O STATION ROAD
         BONGAIGAON
         TOWN
         P.O. AND P.S.-BONGAIGAON
         DIST-BONGAIGAON


          VERSUS

         SMT. SHYAMALI DE AND 2 ORS
         W/O LATE RABINDRA NATH DE
         R/O STATION ROAD
         BONGAIGAON TOWN
         P.O. AND P.S.-BONGAIGAON
         DIST-BONGAIGAON (ASSAM)
         PIN-783380

         2:SMT. SARMISTHA DE PRASAD
         W/O SRI JITENDRA PRASAD
          R/O STATION ROAD
          BONGAIGAON TOWN
          P.O. AND P.S.-BONGAIGAON
          DIST-BONGAIGAON (ASSAM)
          PIN-783380
          3:SMT. PRIYANKA DE
         D/O LATE RABINDRA NATH DEY
          R/O STATION ROAD
          BONGAIGAON TOWN
          P.O. AND P.S.-BONGAIGAON
          DIST-BONGAIGAON (ASSAM)
          PIN-783380
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            ------------
            Advocate for : MR. B J MUKHERJEE
            Advocate for : MR. A SATTAR (FOR CAVEATOR) appearing for SMT. SHYAMALI
            DE AND 2 ORS



                                  BEFORE
                  HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                       ORDER

Date : 17.10.2023 Heard Mr. S. Biswas, learned counsel for the applicant and Mr. G. Imtiaz, learned counsel for the opposite party.

By filing this interlocutory application under Section 5 of the Limitation Act, the applicant, who is the tenant of the opposite party has prayed for condoning the delay of 9 days beyond the period of limitation in preferring the connected revision.

The suit for eviction filed by the respondent was decreed against which the applicant has preferred an appeal which was also dismissed. It is projected that although the judgment was passed on 18.08.2022, but the decree was signed on 01.09.2022 and only thereafter, the application for certified copy was made and in the process of collecting certified copy and engaging the counsel to file this revision and intermittent illness suffered by the applicant, the delay had occurred.

Although the learned counsel for the opposite party has opposed this application, but considering the explanation given by the applicant, this Court is inclined to accept the same as good and sufficient cause which has prevented the applicant from filing the connected revision on time. Accordingly, the delay of 9 days is hereby condoned.

This application stands allowed.

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The Registry shall now register the connected revision and list the same in the motion column.

JUDGE

Comparing Assistant