Page No.# 1/3 vs Ban Hazarika And 5 Ors
2026 Latest Caselaw 319 Gua

Gauhati High Court

Page No.# 1/3 vs Ban Hazarika And 5 Ors on 21 January, 2026

                                                                 Page No.# 1/3

GAHC010251102023




                                                           2026:GAU-AS:699

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

                        Case No. : I.A.(Civil)/3573/2023

         CHIRAT RAM RABIDAS
         S/O LATE CHURATH RABIDAS,
         VILLAGE BHUTORDOLONI, PS AND PO BIHPURIA, DIST NORTH
         LAKHIMPUR, ASSAM 784161



         VERSUS

         BAN HAZARIKA AND 5 ORS.
         S/O LATE HEMA HAZARIKA
         VILLAGE BHUTORDOLONI, PS AND PO BIHPURIA, DIST NORTH
         LAKHIMPUR, ASSAM 784161

         2:SRI DULU SHARMA
          S/O LATE SUBHAN SHARMA
         RESIDENT OF VILLAGE DHOLPUR
          PO DHOLPUR
          PS BIHPURIA
          DIST NORTH LAKHIMPUR
         ASSAM 784165

         3:SRI SANJIB DUWARA
          S/O SRI PRAFULLA DUWARA

         RESIDENT OF VILLAGE DHOLPUR
         PO DHOLPUR
         PS BIHPURIA
         DIST NORTH LAKHIMPUR
         ASSAM 784165

         4:SRI JYOTISH BORUAH
          S/O LATE PURANDAR BORUAH
                                                                       Page No.# 2/3

            RESIDENT OF VILLAGE DHOLPUR
            PO DHOLPUR
            PS BIHPURIA
            DIST NORTH LAKHIMPUR
            ASSAM 784165

            5:SRI TAPAN BANIYA
             S/O LATE BUPARAM BANIYA

            RESIDENT OF VILLAGE DHOLPUR
            PO DHOLPUR
            PS BIHPURIA
            DIST NORTH LAKHIMPUR
            ASSAM 784165

            6:SRI NITUMONI BORUAH
             S/O LIKHESWAR BORUAH

            RESIDENT OF VILLAGE NO. 3 NIMORI
            PO DHOLPUR
            PS BIHPURIA
            DIST NORTH LAKHIMPUR
            ASSAM 78416

Advocate for the Petitioner : MR. S CHAUHAN, MR. P MAZUMDER,MR. A R SHOME,R
DEB,M. BORUAH,MR N ALAM

Advocate for the Respondent : ,




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 21-01-2026

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

2. From the order dated 07.08.2024 it seems that the Lawazima Court has passed an order wherefrom it is seen that the service already completed on respondent nos. 1 to 6. But, till date no one has represented the respondents.

3. This is an application u/s 5 of the Limitation Act praying for condonation of Page No.# 3/3

delay of 47 days in preferring the connected appeal against the order dated 26.05.2023 passed by the learned Civil Judge (Sr. Div.), Lakhimpur in Misc.(J) Case No. 4/2023.

4. It is submitted by Mr. Chauhan that the present applicant/appellant was staying with his son at Ambala and also fallen sick during that period and when they came to know about the judgment there was a long puja vacation and thereafter he made a request to the engaged counsel for obtaining the certified copy. He further submitted that there is no willful negligence and laches on the part of the present applicant. But, due to the said unavoidable circumstances the appeal could not be be preferred within the period of limitation.

5. Considering the submission made by learned counsel for both sides and also considering the grounds mentioned in the petition which is found to be reasonable and justified ground, the delay of 47 days in preferring the connected FAO against the order dated 26.05.2023 passed by the learned Civil Judge (Sr. Div.), Lakhimpur in Misc.(J) Case No. 4/2023 is hereby condoned.

6. Registry is accordingly directed to number and register the connected appeal and to list list accordingly.

7. With the above observations, the present IA stands disposed of.

JUDGE

Comparing Assistant