Abu Bakkar Barbhuyan v. Moinul Haque Barbhuya

ORDER Date : 15-03-2024 Both the applications are taken up together for disposal. I.A.(Civil) No. 917/2016 is an application under Section 5 of Limitation Act, 1963 for condoning the delay of 201 (Two Hundred One) days in preferring the application for restoration of the appeal, which was dismissed for default vide order dated 30.11.2015. This Court have duly taken note of the grounds mentioned in the said application and is of the opinion that the same constitutes sufficient cause for condoning the delay. Accordingly, the delay of 201 (Two Hundred One) days in preferring the application for restoration of the appeal is condoned. MC No. 208/2016 is an application for restoration filed under Order XLI Rule 19 read with Section 151 of the Code of Civil Procedure, 1908. The grounds and reasons stated therein in the opinion of the Court are sufficient for restoring the appeal being RFA No. 87/2004. Accordingly, the instant application stands allowed. In view of the above, both these applications stand disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010171862016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/917/2016 ABU BAKKAR BARBHUYAN VERSUS MOINUL HAQUE BARBHUYA Advocate for the Petitioner : R DAS Advocate for the Respondent : MR.D F A AHMEDR-1 Linked Case : MC/208/2016 ABU BAKKAR BARBHUYAN VERSUS MOINUL HAQUE BARBHUYA ------------ Advocate for : S C KEYAL Page No.# 2/2 Advocate for : appearing for MOINUL HAQUE BARBHUYA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH