For vs For
2021 Latest Caselaw 549 Tri

                                             HIGH COURT OF TRIPURA
                                                   AGARTALA
                                          I.A.01 of 2021 in MAT APP.01 of 2021
                    For Applicant(s)               :   Mr. A. Acharjee, Adv.
                    For Respondent(s)              :   None

HON'BLE MR. JUSTICE S. TALAPATRA HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order 06/05/2021

Heard Mr. A. Acharjee, learned counsel appearing for the applicant. None appears for the respondents.

This is an application under Section 5 of the Limitation Act for condoning the delay of three months fourteen days in preferring the appeal from the judgment dated 11.11.2019 passed by the Judge, Family Court, Agartala in T.S.(Divorce)11 of 2018.

The respondent sought for time for filing the objection lastly on 12.03.2021 when this court had observed that no further extension of time will be made for filing the objection. No objection has been filed by the respondent.

Mr. Acharjee, learned counsel has submitted that the said delay is unintentional inasmuch for obstacles during the process, the delay took place. Apart that, Mr. Acharjee, learned counsel has submitted that the decree is ex-parte and the applicant has not filed any application for setting the ex-parte decree but she has preferred to file the appeal.

Having perused the causes given in paras-2 and 3, we are of the view that having regard to the circumstances, the delay that has occurred be condoned for substantive ends of justice.

Accordingly, the same delay stands condoned. In the result, this application stands allowed and disposed of.

                           JUDGE                                                       JUDGE


Sabyasachi B