Page No.# 1/4 vs Alaka Dutta
2024 Latest Caselaw 8476 Gua

Gauhati High Court

Page No.# 1/4 vs Alaka Dutta on 20 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/4

GAHC010137172024




                                                              undefined

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

                           Case No. : I.A.(Civil)/2169/2024

         MADHURI GOSWAMI SARMA AND 3 ORS
         W/O JITU SARMA,
         RESIDENT OF HOUSE NO. 7, RUPALI PATH, R.G BORUAH ROAD GUWAHATI
         24, MOUZA BELTOLA, PS GEETANAGAR, DIST KAMRUP M ASSAM

         2: AMAN ULLA
          S/O ANJUMAN MAJID
         RESIDENT OF HOUSE NO. 11
          MILAN NAGAR PATH
          BHETAPARA
          GUWAHATI 28
          MOUZA BELTOLA
          PS HATIGAON
         DIST KAMRUPM ASSAM

         3: JOYNAL ABDIN
          S/O FARZ ALI

         RESIDENT OF HOUSE NO. 28
         BISHNUJYOTI PATH
         HATIGAON
         GUWAHATI 38
         MOUZA BELTOLA
         PS HATIGAON
         DIST KAMRUPM ASSAM

         4: MD. RAHUL ALI
          S/O MAHAMMAD HUSSAIN ALI

         RESIDENT OF HOUSE NO. 149
         SIJUBARI MAIN ROAD
         HATIGAON
         GUWAHATI 38
         MOUZA BELTOLA
                                                                        Page No.# 2/4

             PS HATIGAON
             DIST KAMRUPM ASSA

            VERSUS

            ALAKA DUTTA
            W/O MR. BIREN DUTTA,
            RESIDENT OF SAWKUCHI, HOCKEY STADIUM ROAD, GUWAHATI 40, DIST
            KAMRUP M ASSAM



Advocate for the Petitioner   : MR J U AHMED, MS J YESMIN,MR. J AHMED,MR Z RAHMAN

Advocate for the Respondent : MS D DUTTA, MR. M DUTTA,MR. B KONWAR




             Linked Case :

            MADHURI GOSWAMI SARMA AND 3 ORS



             VERSUS

            ALAKA DUTTA B



            ------------
            Advocate for : MR J U AHMED
            Advocate for : appearing for ALAKA DUTTA B



                                   BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 20.11.2024

Heard Mr. J. Ahmed, learned counsel for the applicants.

Page No.# 3/4

None appears for the respondent on call

The present application has been filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 9 days in preferring the connected appeal against the impugned judgment and decree dated 06.03.2024 passed by the learned Civil Judge (Sr. Div.) No. 1, Kamrup(M), Guwahati in Title Suit No. 690/2022.

Mr. Ahmed, learned counsel for the applicants submits that the delay occurred in filing the connected appeal is not intentional. He further submits that due to fault of the engaged counsel, the delay was occurred and the detailed ground of delay has also been explained in the petition. Under such backdrop, the learned counsel for the applicants has prayed that the delay in regard to the filling of the connected appeal may be condoned.

Although the respondent is not present today but he has filed an objection regarding the prayer of the applicants, wherein it is stated that the present application is not maintainable because the applicants has failed to mention any compelling reason for condonation of such delay.

I have considered the submissions made by the learned counsel for the parties.

It appears that the delay occurred due to fault of the engaged counsel of the applicants. It is a settled law that the litigants cannot be suffered or victimized due to fault of the counsel.

Considering all, the delay of 09 days is hereby condoned. The Registry is Page No.# 4/4

directed to register the connected appeal and list it in admission column.

With the above observation, I/A stands disposed of.

JUDGE

Comparing Assistant