For vs For
2022 Latest Caselaw 963 Tri

                                     HIGH COURT OF TRIPURA
                                             AGARTALA
                                  I.A.01 of 2022 in F.A.10 of 2022
               For Applicant(s)             :      Mr. Samarjit Bhattacharjee, Adv.
               For Respondent(s)            :      Ms. S. Deb, Adv.

HON'BLE THE CHIEF JUSTICE (ACTING) HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order 17.11.2022

Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the applicant.

This is an application under Order 41 Rule 3-A of CPC read with Section 5 of the Limitation Act for condoning the delay of 47 days in preferring an appeal under Section 19(1) of the Family Courts Act against the judgment dated 16.06.2022 passed by the Judge, Family Court, Khowai District, Tripura in T.S.(JS)01 of 2018.

The counsel for the petitioner has submitted that due to unavoidable circumstances which were beyond the control of the applicant the delay of 47 days has been caused. The appeal has a good merit and if the delay is not condoned, the applicant would be highly prejudiced and will suffer severe consequences.

The counsel for the respondent has no objection if the delay is condoned.

Having heard the counsel for the parties, this court is of the view that the delay may be condoned. Accordingly, is it is ordered.

In terms of the above, this application stands allowed and disposed of.

               JUDGE                                       CHIEF JUSTICE (ACTING)

Sabyasachi B