Gauhati High Court
Kiran Limbu vs Debeswar Gogoi And 4 Ors on 20 January, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010235692017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1475/2017
KIRAN LIMBU,
S/O SRI HARKA BAHADUR LIMBU, R/O BASMOTIA NAHARANI GAON,
MOUZA and P.S. TENGAKHAT, DIST. DIBRUGARH, ASSAM.
VERSUS
DEBESWAR GOGOI and 4 ORS,
S/O SRI BANA GOGOI, R/O PHUTAHULA GAON, MOUZA MODERKHAT, P.O.
and P.S. LAHOAL, DIST. DIBRUGARH, ASSAM.
2:MANIK CHAIMURUNG CHRISTIAN
3:HABIL CHAIMURUNG CHRISTIAN
4:MANCHID CHAIMURUNG CHRISTIAN
5:YAKUB CHAIMURUNG CHRISTIAN
ALL ARE SONS OF LATE PRITAM CHAIMURUNG CHRISTIAN
R/O JUKTALI GAON
MOUZA MODERKHAT
P.S. LAHOAL
DIST. DIBRUGARH
ASSAM
Advocate for the Petitioner : MR.A K GUPTA, MR.K BARUAH,MR.P J SAIKIA
Advocate for the Respondent : ,
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Linked Case :
SRI KIRAN LIMBU
VERSUS
SRI DIBESWAR GOGOI and 4 ORS
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI.
3:THE ASSTT. REGISTRAR OF COOOPERATIVE SOCIETIES
DHUBRI.
4:THE DHUBRI WHOLE CONSUMERS' CO-OPERATIVE STORES LTD.
DHUBRI
P.O. and P.S. DHUBRI
ASSAM.
5:SHRI FATEJUL ISLAM
CHAIRMAN
THE DHUBRI WHOLE SALE CONSUMER'S COOPERATIVE STORES LTD.
DHUBRI.
6:SHRI MOMTAJ ALI AHMED
BOARD OF DIRECTORS THE DHUBRI WHOLE SALE CONSUMER'S
COOPERATIVE STORES LTD.
DHUBRI.
7:SHRI KAMINI KR. MONDAL
BOARD OF DIRECTORS
THE DHUBRI WHOLE SALE CONSIMER'S COOPERATIVE STORES LETD.
DHUBRI.
8:SHRI BHUPENDRA NATH ROY
Page No.# 3/4
BOARD OF DIRECTORS
THE DHUBRI WHOLE SALE CONSUMER'S COOPERATIVE STORES LETD.
DHUBRI.
9:SHRI DEBOJIT DAS
SECRETARY THE DHUBRI WHOLE SALE CONSUMER'S COOPERATIVE
STORES LETD.
DHUBRI.
10:THE DEPUTY
FOOD AND CIVIL SUPPLY DEPTT.
DHUBRI.
11:SHRI SHYAMAL SANYAL
BOARD OF DIRECTORS
THE DHUBRI WHOLE SALE CONSUMER'S COOPERATIVE STORES LETD.
DHUBRI.
12:SHRI INDRAJIT GUPTA
BOARD OF DIRECTORS
THE DHUBRI WHOLE SALE CONSUMER'S COOPERATIVE STORES LTD.
DHUBRI.
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Advocate for the applicant(s): Mr. KJ Saikia
Advocate for the respondent(s): X X
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
20.01.2025
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Heard Mr. KJ Saikia, the learned counsel appearing on behalf of the
applicant. None appears on behalf of the respondent on call.
2. It has been submitted by the learned counsel appearing on behalf of the
appellant that the proforma respondent Nos.2 and 4 had expired.
3. Taking into account that no relief has been sought for against the proforma
respondent Nos.2 and 4 in the appeal, it is the opinion of this Court that this
application can very well be proceeded in their absence.
4. This is an application for condoning the delay of 15 days in preferring the
accompanying second appeal against the judgment and decree dated
23.12.2014 passed in Title Appeal No.11/2012 by the learned Civil Judge,
Dibrugarh.
5. This Court had duly seen the reasons assigned in the application which had
been set out and more particularly, in paragraph 7. The said reasons so
assigned in the opinion of this Court constitute sufficient cause within the
meaning of Section 5 of the Limitation Act, 1963 for condoning the delay.
Accordingly, the delay of 15(fifteen) days in preferring the accompanying second
appeal stands condoned.
6. Registry is directed to register the accompanying regular second appeal
and list the matter under the column of Order XLI Rule 11 CPC.
7. Interlocutory application accordingly stands disposed of.
JUDGE
Comparing Assistant
