Gauhati High Court
Ajit Saikia vs Smti. Anjumoni Saikia on 9 September, 2025
Page No.# 1/4
GAHC010032102018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/483/2018
AJIT SAIKIA
S/O LATE PETUA SAIKIA, R/O PULIBOR, GONDHIA GAON, NEAR A.T.
ROAD, CHARAIBAHI MOUZA, P.O. RRL, P.S. PULIBOR, DIST. JORHAT,
ASSAM.
VERSUS
SMTI. ANJUMONI SAIKIA
D/O LATE PETUA SAIKIA
R/O TARAJAN GAYON GAON, SARUCHARAI MOUZA, P.O. AND P.S.
JORHAT, PIN 785001, DIST. JORHAT, ASSAM.
Advocate for the Petitioner : MR. B GOSWAMI, MR. A SATTAR,MR. P P BORTHAKUR,MR. K
ROY
Advocate for the Respondent : MR H BEZBARUA, MR. S J SARMAH
Linked Case : RFA/18/2018
AJIT SAIKIA
S/O LATE PETUA SAIKIA
R/O PULIBOR
GONDHIA GAON
NEAR A.T. ROAD
CHARAIBAHI MOUZA
P.O. RRL
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P.S. PULIBOR
DIST. JORHAT
ASSAM.
VERSUS
SMTI. PREMLATA SAIKIA
R/O TARAJAN GAYON GAON
SARUCHARAI MOUZA
P.O. AND P.S. JORHAT
PIN 785001
DIST. JORHAT
ASSAM.
2:SMTI ANJUMONI SAIKIA
R/O TARAJAN GAYON GAON
SARUCHARAI MOUZA
P.O. AND JORHAT
PIN 785001
DIST. JORHAT
ASSAM.
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Advocate for : MR. B GOSWAMI
Advocate for : appearing for SMTI. PREMLATA SAIKIA
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
09.09.2025
1. Learned counsel Mr. P. P. Borthakur is present for the applicant/appellant
and learned counsel Mr. A. K. Gupta is present for the respondent/opposite
party No. 2.
2. The respondent No. 1 has passed away and her name has been struck off
vide order dated 15.05.2024.
3. This application has been filed under Section 5 of the Indian Limitation
Act, 1963 with prayer for condonation of delay of 64 days in preferring the
Regular First Appeal against the judgment and order dated 18.07.2017, passed
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by the learned Civil Judge, Jorhat in Title Suit No. 61/2015.
4. It is submitted that the applicant's daughter, Smt. Priyanki Saikia was
suffering from menorrhagia with severe anaemia. The applicant had to attend to
his daughter. Thereafter, the applicant managed to obtain the certified copies of
this case after the judgment was passed on 18.07.2017, and he came to
Guwahati on 03.12.2017 to meet the engaged counsel and he handed over all
the relevant documents. The advocate called him on 04.12.2017, after
verification of the documents but suddenly, the engaged counsel's mother took
ill and the engaged counsel had to leave for his native place at Jorhat to attend
to his mother, who was hospitalized from 05.12.2017 to 08.12.2017. After
recuperation, the learned engaged counsel retuned to Guwahati on 19.12.2017
and he took 5 days time to prepare this Regular First Appeal, but owing to the
Winter Vacations from 24.12.2017 to 26.12.2017, there was a delay of 64 days
in preferring the appeal. Annexure-A series are the documents relating to the
ailment of Priyanki Saikia whereas, Annexure-B series are the documents to
substantiate the appellant's submission.
5. Learned counsel for the opposite party No. 2 filed a counter-affidavit which
has been assailed by the learned counsel for the applicant. An affidavit was filed
on 07.03.2025 and it was filed on behalf of both the opposite parties i.e., OP No.
1 and OP No. 2, despite the fact that the OP No. 2 has passed away in the
meanwhile. In reply, it is submitted by the learned counsel for the opposite
party No. 2 that it was a clerical error.
6. The opposite party has refuted the reasons of the delay justified by the
applicants stating that the reasons are vague and false, only to fill the lacunae
and to prepare excuses for condonation of delay. Malafide is discernable on the
part of the applicants. Sufficient grounds have not been shown and the appeal
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ought to be rejected. Moreover, final decree has already been passed in
connection with T.S. No. 61/2015 and this Regular First Appeal is thus
infructuous.
7. I have considered the submissions at the Bar with circumspection. I have
scrutinized the documents substantiating the application.
8. I have also considered the submission that the decision on the preliminary
decree is crucial and has a bearing on the final decree. It appears that sufficient
grounds have been shown. No malafide is discernable on the part of the
applicant.
9. Considering all aspects, delay of 64 days is hereby condoned. In terms of
the above observation, this I.A. No. 483/2018 is disposed of.
10. Registry to list the connected RFA No. 18/2018 on 19.09.2025.
11. Applicant to furnish copies of the appeal memo to the respondent.
JUDGE
Comparing Assistant
