Page No.# 1/3 vs Dr. Prasanta Kumar Das
2024 Latest Caselaw 3989 Gua

Gauhati High Court

Page No.# 1/3 vs Dr. Prasanta Kumar Das on 5 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                               Page No.# 1/3

GAHC010247282023




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

                           Case No. : RSA/205/2023

         UNION OF INDIA
         REPRESENTED BY THE FOREIGN SECRETARY TO THE GOVT. OF INDIA,
         MINISTRY OF EXTERNAL AFFAIRS,L CENTRAL SECRETARIATE, SOUTH
         BLOCK,L NEW DELHI 110011

         2: THE SECRETARY (CPV AND O/A)
         TO THE GOVT. OF INDIA
         AS901
          MINISTRY OF EXTERNAL AFFAIRS
         L CENTRAL SECRETARIATE
          SOUTH BLOCK
          NEW DELHI 110011

         3: THE REGIONAL PASSPORT OFFICER

          RANI BAGAN
          BASISTHA ROAD
          3RD BYE LANE
          GUWAHATI 781028
          DIST KAMRUP M ASSA

         VERSUS

         DR. PRASANTA KUMAR DAS
         S/O SRI PROBHAS CHANDRA DAS
         RESIDENT OF HOUSE NO. VB-26, NEW PROFESSORS COLONY, ASASM
         AGRICULTURAL UNIVERSITY CAMPUS , PO AND DIST JORHAT, ASSAM,
         785013

         2:PRIYANKA DUTTA
         W/O DR. PRASANTA KUMAR DAS

         RESIDENT OF HOUSE NO. VB-26
         NEW PROFESSORS COLONY
                                                                        Page No.# 2/3

             ASASM AGRICULTURAL UNIVERSITY CAMPUS
             PO AND DIST JORHAT
             ASSAM
             78501

Advocate for the Petitioner   : MR. S K MEDHI

Advocate for the Respondent : MR. SAILENDRA DEKA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

05.06.2024

The instant appeal has been preferred under Section 100 of the Code of Civil Procedure against a Judgment dated 07.08.2023 passed by the learned District Judge, Jorhat in Misc (J) Case No. 46/2022 in Money Appeal No. 03/2022.

By the aforesaid order, the delay in preferring the appeal has been refused to be condoned and consequently, the appeal has been dismissed. The appeal was preferred against a Judgment and Decree dated 10.02.2022 passed by the learned Civil Judge, Jorhat in Money Suit No. 41/2018.

The appeal is admitted on the following substantial question of law.

"Whether the approach of the First Appellate Court in dismissing

Misc (J) Case No. 46/2022 for condonation of delay was in accordance with law?

This Court may frame any other substantial question of law at the time of hearing with notice to the parties.

Since the contesting respondent is represented by Shri S. Deka, learned Page No.# 3/3

counsel, issuance of formal notice is dispensed with. However, an extra copy of the memo of appeal is served upon Shri Deka, the learned counsel within 2 (two) days.

List this matter on 17.07.2024.

Pendency of this case shall not be a bar for amicable settlement of the matter.

JUDGE

Comparing Assistant