Page No.# 1/3 vs Jiten Kalita And 3 Ors
2025 Latest Caselaw 8415 Gua

Gauhati High Court

Page No.# 1/3 vs Jiten Kalita And 3 Ors on 10 November, 2025

                                                                     Page No.# 1/3

GAHC010237092025




                                                              2025:GAU-AS:15106

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

                         Case No. : I.A.(Civil)/3513/2025

         RINA SAHA
         D/O. LT. RAKHAL CH. DAS, W/O. SRI NEPAL CHOUDHURY, RESIDENT OF
         WARD NO 7, BARPETA TOWN ROAD ARANYAK, PO AND PS BARPETA
         ROAD, DISTRICT BARPETA, ASSAM, PIN 781315



         VERSUS

         JITEN KALITA AND 3 ORS.
         S/O. PRATAP KALITA, RESIDENT OF TIHU, P/O. TIHU, P/S NALBARI,
         ASSAM, PIN 781335

         2:PRAHLAD ARJYA @ SARKAR
          S/O. LT. DHIREN ARJYA
          RESIDENT OF WARD NO 8
          BARPETA TOWN ROAD
          PO AND PS BARPETA ROAD
          DISTRICT BARPETA
         ASSAM
          PIN 781315

         3:MOZIBOR RAHMAN
          S/O. LT. RAHIMUDDIN SARKAR
          RESIDENT OF KHEIRABARI
          PO AND PS BARPETA ROAD
          DIST BARPETA
         ASSAM
          PIN 781315

         4:SAMSUL HAQUE
          RO BERPETA TARANI SANGHA
          DIST BARPETA
         ASSA
                                                                                   Page No.# 2/3


Advocate for the Petitioner   : MR. SURAJIT DAS, MR. P P DAS

Advocate for the Respondent : ,




             Linked Case :

            RINA SAHA



             VERSUS

            JITEN KALITA AND 3 ORS F



            ------------
            Advocate for : MR. P P DAS
            Advocate for : appearing for JITEN KALITA AND 3 ORS F



                                          BEFORE
                 HON'BLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

10-11-2025

Heard Mr. S. Das, learned counsel for the applicant/appellant.

This is an application filed under Section 5 of the Limitation Act praying for condonation of delay of 2 days in preferring the connected appeal against the judgment and decree dated 15.06.2024, passed by the learned Civil Judge (Sr. Div.), Barpeta in Title Suit No. 54/2014.

It is submitted by Mr. Das, learned counsel that the appeal was bonafide within the period of 90 days of the limitation. However, after the calculation, it has come out that there is a delay of 2 days in preferring the connected appeal and hence, there is a delay. There is no laches or negligence on the part of the applicant/appellant in preferring the appeal with a Page No.# 3/3

delay of 2 days.

Considering the submissions of the learned counsel for the applicant/appellant, the grounds mentioned in the petition and also for the ends of justice, the delay of 2 (two) days in preferring the connected appeal is hereby condoned.

Registry shall register and number and connected appeal and shall list the same, on a date to be fixed by it.

This interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant