Page No.# 1/3 vs Sri Rajendra Prasad Das And Anr
2025 Latest Caselaw 6966 Gua

Gauhati High Court

Page No.# 1/3 vs Sri Rajendra Prasad Das And Anr on 3 September, 2025

                                                                           Page No.# 1/3

GAHC010149712017




                                                                     2025:GAU-AS:11900

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

                                  Case No. : I.A.(Civil)/3892/2017

            SRI MOINA ROBIDAS
            S/O S. ROBIDAS, R/O MASJID ROAD, P.O. DIBRUGARH, DIST. DIBRUGARH,
            ASSAM.



            VERSUS

            SRI RAJENDRA PRASAD DAS and ANR
            S/O LATE BABUL DAS, R/O MASJID ROAD, GRAHAM BAZAR, P.O.
            DIBRUGARH, DIST. DIBRUGARH, ASSAM.

            2:DIBRUGARH MUNICIPALITY BOARD
             P.O.- DIBRUGARH
             DIST. DIBRUGARH
            ASSAM

Advocate for the Petitioner   : MR.S DUTTA, MR.C SHARMA,MR.SIDHANT DUTTA,MS.N
MODI

Advocate for the Respondent : ,

                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                             ORDER

Date : 03.09.2025

1. Learned Counsel Mr. S.Dutta is present for the applicant Moina Robidas who has filed this application under Section 5 of the Limitation Act, 1963 read Page No.# 2/3

with Order 41 Rule 3-A of CPC for condoning delay of 10 days in filing the connected regular second appeal against the Judgment and Decree dated 06.07.2017 passed by the learned Civil Judge, Dibrugarh in Title Appeal No.42/2013.

2. The Order dated 18.12.2019 although indicates that notice has been served on respondent no.1 whereas the Lawazima Court order dated 13.05.2025 indicates that notice have been served to the respondent no.2. Respondents are not present today before this Court.

3. It is submitted that on behalf of the applicant that Judgment and Decree in Title Appeal No.42/2013 was passed on 06.07.2017 and the certified copy was obtained on 24.07.2017. The engaged counsel received the certified copy on 02.08.2017. The applicant being a resident of Dibrugarh could not immediately contact any counsel at Guwahati to discuss the matter. However,

the applicant could contact the present engaged counsel during the 1 st week of September and was advised to prefer regular second appeal before this Court. The papers were handed over for drafting the second appeal on 15.09.2017 which finally resulted in 10 days' delay in filing the connected second appeal. It is submitted that there was no malafide and dilatory tactics on the part of the applicant.

4. It appears that sufficient grounds have been shown and therefore, this court is inclined to condone the delay of 10 days in filing the connected second appeal. Accordingly, the delay is hereby condoned.

5. With the above observations, the interlocutory application stands disposed of.

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6. Registry to register/put up the connected appeal after 03(three) weeks.

JUDGE

Comparing Assistant