Page No.# 1/3 vs Barnali Chutia And 2 Ors
2025 Latest Caselaw 8013 Gua

Gauhati High Court

Page No.# 1/3 vs Barnali Chutia And 2 Ors on 24 October, 2025

                                                                Page No.# 1/3

GAHC010002432025




                                                          2025:GAU-AS:14168

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

                        Case No. : I.A.(Civil)/159/2025

         DIPA TALUKDAR
         W/O SHRI HEM KANTA TALUKDAR
         RESIDENT OF WARD NO. 4, DHEMAJI TOWN, PS AND DIST DHEMAJI,
         ASSAM 787057

         2: SHRI HEM KANTA TALUKDAR

          S/O LATE BHARAT CH. TALUKDAR

         RESIDENT OF WARD NO. 4
         DHEMAJI TOWN
         PS AND DIST DHEMAJI
         ASSAM 78705

         VERSUS

         BARNALI CHUTIA AND 2 ORS
         W/O LATE MUKUTA CHUTIA,
         RESIDENT OF VILLAGE KESUKHANAPARA, PS AND DIST DHEMAJI,
         ASSAM 787057

         2:SRI MRIDUSH PRATIM CHUTIA
          S/O LATE MUKUTA CHUTIA

         RESIDENT OF VILLAGE KESUKHANAPARA
         PS AND DIST DHEMAJI
         ASSAM 787057

         3:SRI NOMAL CHUTIA
          S/O LATE MUKUTA CHUTIA

         RESIDENT OF VILLAGE KESUKHANAPARA
         PS AND DIST DHEMAJI
         ASSAM 78705
                                                                        Page No.# 2/3


Advocate for the Petitioner   : MS. N S THAKURIA, MS D ANGANA

Advocate for the Respondent : ,




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                         ORDER

24.10.2025

Heard Ms. N. S. Thakuria, learned counsel for the applicant.

2. The Office Note dated 17.10.2025 reflects that neither the AD card nor the un-served notice upon the respondents has been received by the Registry; however, the track consignment report reveals that the same has been delivered to the addressee.

3. In view of the above, service upon the respondents is treated as complete; however, no one appeared on behalf of the respondents today.

4. This application under Section 5 of the Limitation Act has been filed with a prayer for condonation of delay of 83 days in filing the connected appeal against the judgment dated 15.07.2024 passed by the learned Member, Motor Accident Claims Tribunal, Dhemaji in MAC Case No. 36/2021.

5. Ms. Thakuria, learned counsel for the applicant, submits that the grounds for the delay in filing the connected appeal have been explained in paragraph 4 of the delay condonation petition.

6. Upon considering the explanations provided in the aforesaid paragraph, this Court is satisfied that the applicant was prevented by sufficient cause from filing Page No.# 3/3

the appeal within the stipulated time. Moreover, the respondents, despite having received the notice, have not appeared today; thus, it is presumed that they have no objection to the condonation of delay.

7. In view of the above, and in the interest of justice, the interlocutory application for condonation of delay is hereby allowed. Accordingly, the delay of 83 days in preferring the connected appeal stands condoned.

8. The Registry is directed to register the connected Appeal and list the same for admission hearing in its usual course.

9. The Interlocutory Application stands disposed of in terms above.

10. The Track Consignment Report shall be tagged along with the petition and made part of the record.

JUDGE

Comparing Assistant