Jelly Shira v. The General Manager and 2 Ors

ORDER Date : 29.05.2024

This is an application under Section 5 of the Limitation Act for condoning the delay of 345 days in preferring the accompanying appeal against the judgment and order dated 21.12.2019 passed in LA (Reference) Case No.16/2013.

¶2This Court has taken note of the additional affidavit which has been filed wherein the grounds mentioned, more particularly, at paragraphs 4, 5 and 6 in the opinion of this Court constitute sufficient cause for condoning the delay.

¶3Accordingly, the delay stands condoned.

¶4In addition to that, this Court also takes note of that in similar matters Appeals have already been filed before this Court against similar orders and as such dismissing the instant application on the ground of delay would not be proper.

¶5Accordingly the instant appeal stands allowed.

¶6Registry shall register the accompanying appeal and list the matter for admission on such a date, as it deems fit by the Registry.

¶7Interlocutory application stands disposed of. Page No.# 3/3

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010052162023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1971/2023 JELLY SHIRA W/O JINITHAN SANGMA, VILL.- BANDARSHI PART III, P.O.- BANDARSHI, P.S.- DUDHNOI, DIST.- GOALPARA, ASSAM. VERSUS THE GENERAL MANAGER AND 2 ORS. NORTH EAST FRONTIER RAILWAY, MALIGAON, GUWAHATI- 11, ASSAM. 2:DEPUTY CHIEF ENGINEER (CONSTRUCTION) NORTH EAST FRONTIER RAILWAYS MALIGAON GUWAHATI- 11 ASSAM. 3:THE STATE OF ASSAM REP. BY THE DEPUTY COMMISSIONER CUM COLLECTOR GOALPARA DIST. AND P.O.- GOALPARA ASSAM PIN- 783101 Advocate for the Petitioner : MR H DAS Advocate for the Respondent : Mr. KK Bhattacharyya Government Advocate Mr. CKS Baruah, CGC For NF Railway Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH