Radheshyam Gowala @ Yadav vs Jaduram Lekharu
2024 Latest Caselaw 3195 Gua

Gauhati High Court

Radheshyam Gowala @ Yadav vs Jaduram Lekharu on 10 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010089932024




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

                             Case No. : RSA/73/2024

          RADHESHYAM GOWALA @ YADAV
          S/O LATE GHASIRAM GOWALA, RESIDENT OF NAMBOR LALUNG GAON,
          PO KATHIATOLI, PS KAMPUR, DIST NAGAON, ASSAM 782427



          VERSUS

          JADURAM LEKHARU
          S/O LATE UMESH LEKHARU, RESIDENT OF KOTHALGURI GAON, PO
          KATHIATOLI, PS KAMPUR, DIST NAGAON, ASSAM 782427




Advocate for the appellant(s): Mr. AR Shome


Advocate for the respondent(s): X X



                                 BEFORE
               HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                      ORDER

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Heard Mr. AR Shome, the learned counsel appearing on behalf of the appellant.

2. This appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the judgment and decree passed by the learned Trial Court dated 17.12.2019 in Title Suit No.199/2012 which stood confirmed on account of the dismissal of the appeal on the ground that the appeal filed was barred by limitation.

3. The instant appeal is admitted by formulating the following substantial questions of law:

(i). Whether Article 54 of the Schedule to the Limitation Act, 1963 was taken into consideration in the proper perspective in decreeing the suit for specific performance of an agreement for sale dated 20.09.2004 when the suit was filed in the year 2012?

(ii). Whether the judgment passed by the learned First Appellate Court dated 03.02.2004 in Misc.(J)No.32/2020 suffers from perversity on not taking into account the medical evidence which were duly produced before the learned First Appellate Court explaining sufficient cause for condoning the delay?

4. Issue notice upon the respondent.

5. Appellant to take steps for service of notice upon the respondent by way of registered post with A/D as well as by usual process within seven days from today.

6. Registry shall call for the records and list the appeal immediately on completion of service and receipt of the records.

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7. Liberty is granted to the parties to mention the matter for listing.

JUDGE

Comparing Assistant