Page No.# 1/4 vs Bijoy Chandra Kalita And 2 Ors
2024 Latest Caselaw 3337 Gua

Gauhati High Court

Page No.# 1/4 vs Bijoy Chandra Kalita And 2 Ors on 15 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/4

GAHC010205332023




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

                          Case No. : RSA/167/2023

         MONIKANTA KALITA AND ANR.
         S/O LATE MATURA KALITA,
         RESIDENT OF VILLAGE NIZ BAGHBAR, PO AND PS BAGHBAR, DIST
         BARPETA, ASSAM 781308

         2: RANJIT KALITA
          S/O LATE MATURA KALITA

         RESIDENT OF VILLAGE NIZ BAGHBAR
         PO AND PS BAGHBAR
         DIST BARPETA
         ASSAM 78130

         VERSUS

         BIJOY CHANDRA KALITA AND 2 ORS.
         S/O LATE GANDARU KALITA,
         RESIDENT OF VILLAGE NIZ BAGHBAR, PO AND PS BAGHBAR, DIST
         BARPETA, ASSAM 781308

         2:SRI GONDHORU RAM KALITA
          S/O LATE GANDARU KALITA

         RESIDENT OF VILLAGE NIZ BAGHBAR
         PO AND PS BAGHBAR
         DIST BARPETA
         ASSAM 781308

         3:SMTI PURNIMA BALA BIDHOBA
         W/O LATE GANDARU KALITA

         RESIDENT OF VILLAGE NIZ BAGHBAR
         PO AND PS BAGHBAR
         DIST BARPETA
                                                                         Page No.# 2/4

              ASSAM 78130

Advocate for the Petitioner   : MR. M DUTTA

Advocate for the Respondent :




                                      BEFORE
                   HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                        ORDER

15.05.2024

Heard Mr. M Dutta, the learned counsel appearing on behalf of the appellants.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the confirmation of the judgment and decree dated 24.02.2022 passed by the learned Munsiff No.1 Barpeta in Title Suit No.195/2015 by the rejection of the application for condonation of delay vide the order dated 13.06.2023 by the learned Civil Judge, Barpeta in Misc.(J) Case No.86/2022.

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

(i).Whether the learned Trial Court was justified in decreeing the suit in favour of the plaintiff in absence of any document of title being produced?

(ii).Whether the learned First Appellate Court had exercised the powers Page No.# 3/4

under Section 5 of the Limitation Act, 1963 in rejecting the application for condonation of delay in terms with the well ordained principles settled by the Supreme Court?

4. Issue notice, making it returnable by 24.06.2024.

5. The Appellants to take steps for service of notice upon the respondents by way of registered post as well as by usual process within three days.

6. In addition to that, the appellants are also directed to take steps upon the respondents by Dasti mode routed through the Registry of this Court and thereafter to file an affidavit of service on or before the next date fixed. It is made clear that the appellants can effect Dasti service through any other person known to them. However, the said person who effects the Dasti service shall file the affidavit of service.

7. This Court for the present is not inclined to call for the records, the same shall be considered on the next date fixed.

8. List again on 24.06.2024.

JUDGE Page No.# 4/4

Comparing Assistant