Sattar Singh Basumatary @ Santar Singh Basumatary v. On the Death of Amar Chand Pincha

ORDER

17.07.2024

¶1Heard Mr. A.C. Sarma, learned Senior Counsel, assisted by Mr. G. Bharadwaj, learned counsel for the appellant. Also heard Mr. B.J. Mukherjee, learned counsel appearing for the respondents.

¶2This application under Order XLI Rule 19 of the Code of Civil Procedure has been filed by the applicant for readmission of Regular Second Appeal No. Page No.# 3/4 273/2014, which was dismissed by this Court for non-prosecution on

28.03.2022.

¶3Learned Senior Counsel for the appellant has submitted that the reasons for failure on the part of the appellant to appear before the Court on

28.03.2022 has been sufficiently explained in Paragraph No. 3 of the application under Order XLI Rule 19 of the Code of Civil Procedure filed by the appellant.

¶4I have gone through the said reasons mentioned by the appellant and it appears that the earlier conducting counsel for the appellant, namely, Mr. B.R. Dey, (Senior Advocate) and Mr. Pronoy Sen, who was assisting the learned Senior Counsel both have expired during the pendency of the Regular Second Appeal No. 273/2014,due to which there was a communication gap with the appellant, so that they could not engage a new set of counsels and which cause the default on the day when the second appeal was dismissed.

¶5Learned counsel appearing for the respondents, who has appeared in this case has submitted that considering the reasons shown by the appellant, he does not have any objection on readmission of the appeal. He has also fairly submitted that he is also not pressing for any cost and has only prayed for expeditious disposal of the second appeal after its readmission as same has been pending since the year 2014.

¶6Considering the submissions made by the learned Senior Counsel as well as learned counsel for the respondents as well as the cause shown in Paragraph No. 3 of the petition, this Court is of considered opinion that the appellant has shown sufficient cause for which he was prevented from appearing before the Court when the appeal was called out for hearing on

28.03.2022.

¶7For the reasons aforesaid, this Misc. Case is allowed and Regular Page No.# 4/4 Second Appeal No. 273/2014 is readmitted.

¶8The Registry to readmit and to list the Regular Second Appeal No. 273/2014 for order(s) after 2(two) weeks on a date to be fixed by it.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010127142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMC/49/2023o SATTARoSINGHoBASUMATARYo@oSANTARoSINGHoBASUMATARYo S/OoLATEoTARANIoBASUMATARY,oR/OoDOLAIGAONo(BEHINDoNORTHo BONGAIGAONoBUSoSTAND),oP.O.oANDoP.S.oBONGAIGAON,oDIST.o BONGAIGAON,oASSAM,oPIN-783380 VERSUSo ONoTHEoDEATHoOFoAMARoCHANDoPINCHAo HISoLEGALoHEIRSoANDoLEGALoREPRESENTATIVESoNAMELY- 1.1:SMT.oMANGIoDEVIoPINCHA oW/OoLATEoAMARoCHANDoPINCHA oR/OoCHAPAGURIoROAD oNORTHoBONGAIGAON oP.O.-BONGAIGAON oDIST-ASSAM oPIN-783380 oREPRESENTEDoBYoCONSTITUTEDoATTORNEYoSRIoJOGENDRAoCHANDRAo BAZUMATARY oS/OoLATEoRATIRAMoBASUMATARY oR/OoVILL-CHAPAGURIoNO.o2 oP.S.-DHALIGAON oDIST-CHIRANG oASSAM oPIN-783380 1.2:INDUoDEVIoSANCHETI oD/OoLATEoAMARoCHANDoPINCHA oR/OoCHAPAGURIoROAD oNORTHoBONGAIGAON oP.O.-BONGAIGAON oDIST-ASSAM Page No.# 2/4 PIN-783380 REPRESENTED BY CONSTITUTED ATTORNEY SRI JOGENDRA CHANDRA BAZUMATARY S/O LATE RATIRAM BASUMATARY R/O VILL-CHAPAGURI NO. 2 P.S.-DHALIGAON DIST-CHIRANG ASSAM PIN-783380 1.3:SMT. MONIKA JAIN D/O LATE AMAR CHAND PINCHA R/O CHAPAGURI ROAD NORTH BONGAIGAON P.O.-BONGAIGAON DIST-ASSAM PIN-783380 REPRESENTED BY CONSTITUTED ATTORNEY SRI JOGENDRA CHANDRA BAZUMATARY S/O LATE RATIRAM BASUMATARY R/O VILL-CHAPAGURI NO. 2 P.S.-DHALIGAON DIST-CHIRANG ASSAM PIN-78338 Advocate for the Petitioner : MR. A C SARMA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA