Nandan Sinha and 3 Ors v. Pradip Raj Kumar and Anr

ORDER

10.01.2024

Heard Mr. B. Chakravarty, learned counsel appearing for the petitioners. Also heard Mr. P. Deka, learned counsel representing the respondents. This is an application under article 227 of the Constitution of India challenging the order dated 01.02.2023 passed by the learned Civil Judge No. 1, Cachar, Silchar, in Misc.(J) Case No. 172/2022 [I/C Misc. (J) Case No. 171/2022] arising out of T.S. 134/ 2014. The respondents, as plaintiffs, filed T.S. 134/2014 seeking declaration of right, title and interest along with possession of a plot of land. The petitioners, being the defendants, filed their written statement. The suit was pending at the stage of cross-examination of plaintiffs witnesses. Thereafter, the plaintiffs stopped appearing in the court. Ultimately, the trial court dismissed the suit on account of non-prosecution. Subsequently, after 256 days, the plaintiffs/respondents filed an application under Order 9 Rule IX of the Code of Civil Procedure. The petitioners being the defendants contested the said petition by filing objection. Finally, the trial court condoned the delay by imposing a cost of Rs.2,000/- to be paid to the present petitioners. I have considered the submissions made by the learned counsel for both sides. Page No.# 4/4 I have gone through the impugned order. I am of the considered opinion that the learned trial has exercised judicial discretion while condoning the delay though the delay was not properly explained. Since the trial court has exercised judicial discretion, this court is not inclined to interfere with the order under the given circumstances of the case. Therefore, the plaintiffs/the present respondents shall pay a cost of Rs.10,000/- instead of Rs.2,000/- imposed by the trial court. Only after payment of the cost, the trial court shall proceed to dispose of the suit according to law. With the aforesaid direction, the revision petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010105632023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/152/2023o NANDANoSINHAoANDo3oORSo SONoOFoLATEoNANDAoKUMARoSINHA,o PERMANENToRESIDENToOFoVILLAGEoANDoP.O.-oBHAKATPUR,oMOUZA-o AMBIKAPUR,oPT-VIII,o PARGONA-oBARAKPAR,oP.S.-oSILCHAR,o DISTRICT-oCACHAR,oASSAM-o788005. 2:oUTTAMoSINHA oSONoOFoLATEoNANDAoKUMARoSINHA o PERMANENToRESIDENToOFoVILLAGEoANDoP.O.-oBHAKATPUR oMOUZA-oAMBIKAPUR oPT-VIII o PARGONA-oBARAKPAR oP.S.-oSILCHAR o DISTRICT-oCACHAR oASSAM-o788005. 3:oMANJUoSINHA oDAUGHTERoOFoLATEoNANDAoKUMARoSINHA o PERMANENToRESIDENToOFoVILLAGEoANDoP.O.-oBHAKATPUR oMOUZA-oAMBIKAPUR oPT-VIII o PARGONA-oBARAKPAR oP.S.-oSILCHAR o DISTRICT-oCACHAR oASSAM-o788005. 4:oKAMALABATIoSINHA Page No.# 2/4 DAUGHTER OF LATE NANDA KUMAR SINHA PERMANENT RESIDENT OF VILLAGE AND P.O.- BHAKATPUR MOUZA- AMBIKAPUR PT-VIII PARGONA- BARAKPAR P.S.- SILCHAR DISTRICT- CACHAR ASSAM- 788005 VERSUS PRADIP RAJ KUMAR AND ANR S/O LATE BORA CHOWBA RAJKUMAR, RESIDENT OF VILLAGE AND P.O.- BHAKATPUR, MOUZA- AMBIKAPUR, PT-VIII, PARGONA- BARAKPAR, P.S. SILCHAR, DISTRICT- CACHAR, ASSAM- 788005. 2:PRANOY RAJKUMAR S/O LATE BORA CHOWBA RAJKUMAR RESIDENT OF VILLAGE AND P.O.- BHAKATPUR MOUZA- AMBIKAPUR PT-VIII PARGONA- BARAKPAR P.S. SILCHAR DISTRICT- CACHAR ASSAM- 788005 Advocate for the Petitioner : MR. B CHAKRAVARTY Advocate for the Respondent : MR. P DAIMARY (R-1,2) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA