Ratan Sarma v. Nabajyoti Phukan

ORDER Date : 13-03-2024 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. D. Baruah, learned counsel for the respondent. Page No.# 2/2

¶2This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 75 (Seventy Five) days in filing the connected revision petition.

¶3The fact of the case is that there occurred a delay of 75 (Seventy Five) days in filing the connected revision petition. The ground of delay averred in the condonation application is that the engaged advocate did not inform the applicant about the delivery of judgment and since the applicant had engaged the lawyer and was hoping that he would inform the developments of the case he did not further check with him. However, when the police came to arrest him after the passing of the judgment and order dated 30.11.2022, he came to know about the same. Thereafter the appeal was filed. However, in the meantime a delay of 75 (Seventy Five) days had occurred.

¶4Mr. D. Baruah, learned counsel for the respondent has instructions not to oppose the prayer for condonation.

¶5I have heard the submissions made at the bar and have perused the materials available on record.

¶6The ground averred in the condonation application appears to be bonafide and sufficient. Accordingly, in the interest of justice, the delay of 75 (Seventy Five) days is condoned. As such, this condonation application is allowed.

Interlocutory application stands disposed of accordingly.

Registry to list the connected Criminal Revision Petition. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010108902023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/434/2023 RATAN SARMA S/O SRI SARWAN SARMA R/O SAIKIA ROAD, SANTIPARA, P.O. TINSUKIA, P.S. TINSUKIA DIST. TINSUKIA, ASSAM VERSUS NABAJYOTI PHUKAN S/O LATE UPENDRA NATH PHUKAN R/O BORGURI, TINSUKIA, P.O. AND P.S. TINSUKIA, DIST. TINSUKIA, ASSAM Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : MR. D BARUAH BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI