The Education Research and Development Foundation (Erdf) and 2 Ors v. Sadeka Begam and 5 Ors

ORDER

01.05.2024

Heard Mr. H.K. Sharma, the learned counsel for the applicants. Also heard Mr. D. Nandi, the learned counsel for the respondent No. 2. This is an application under Section 5 of the Limitation Act, 1963, for condonation of delay of 23 days in filing the connected RFA against the judgment and decree dated 07.04.2021, passed by the learned Civil Judge, Karimganj in Title Suit No. 29/2015. It is submitted by Mr. H.K. Sharma, learned counsel that on being aggrieved to the said judgment and decree, they have already preferred an appeal before the learned District Judge, Karimganj which was registered as Title Appeal No. 01/2021 which was within time and accordingly, the appeal was admitted vide order dated 10.08.2021. Subsequently, in pursuant to the Page No.# 4/4 Notification No. HC. VII-35/2020/6412/A dated 07.12.2021 for want of the pecuniary jurisdiction; the same was again transmitted to this court. Thereafter, only the connected RFA has been filed after the correspondence made by the District Judge, Karimganj and hence there is a delay of 23 days in preferring the connected RFA. It is further submitted that there was no willful negligence or laches on the part of the applicant to file the appeal within the statutory period of time, but due to the issue raised for the pecuniary jurisdiction, the appeal has to be preferred before this Court with the delay of 23 days. In this context, Mr. D. Nandi, the learned counsel for the respondent No. 2 raised no objection. Considering the submissions made by the learned counsel for the applicant and also considering the notifications of this Court on pecuniary jurisdiction and another aspect of the case, the delay of 23 days in preferring the connected RFA stands condoned. With the above observations, the Interlocutory Application stands disposed of in terms above. The Registry is accordingly directed to register the connected RFA and to number accordingly for admission. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010179092022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2717/2022o THEoEDUCATIONoRESEARCHoANDoDEVELOPMENToFOUNDATIONo(ERDF)o ANDo2oORS.o ERDFoBHAWAN,oLALMATIoROAD,oBHETAPARA,oGUWAHATIo781028,o ASSAM,oREPRESENTEDoBYoITSoCHAIRMAN,oMAHBUBULoHOQUE 2:oMAHBUBULoHOQUE oS/OoLATEoIBRAHIMoALI oCHAIRMAN oTHEoEDUCATIONoRESEARCHoANDoDEVELOPMENToFOUNDATIONo(ERDF) oERDFoBHAWAN oLALMATIoROAD oBHETAPARA oGUWAHATIo781028 oASSAM 3:oTHEoKHAIRUNoNESSAoBEGUMoWOMENSoCOLLEGEo(oKBWC) oREPRESENTEDoBYoMAHBUBULoHOQUE oCHAIRMAN oTHEoEDUCATIONoRESEARCHoANDoDEVELOPMENToFOUNDATIONo(ERDF) oERDFoBHAWAo VERSUSo SADEKAoBEGAMoANDo5oORS.o D/OoFAKARoUDDINo RESIDENToOFoVILLAGEoNETAINAGAR,oPOoANDoPSoRATABARI,oDISTo KARIMGANJ,oASSAM 2:FAKARoUDDIN oS/OoFOYZURoRAHMAN o RESIDENToOFoVILLAGEoNETAINAGAR oPOoANDoPSoRATABARI Page No.# 2/4 DIST KARIMGANJ ASSAM 3:REJANA BEGUM D/O ABDUL AJIJ RESIDENT OF VILLAGE AND PO DALGRAM PS RATABARI DIST KARIMGANJ ASSAM 4:ABDUL AJIJ S/O LATE ABDUL GONI RESIDENT OF VILLAGE AND PO DALGRAM PS RATABARI DIST KARIMGANJ ASSAM 5:DR. PARVEEN SULTANA W/O ENGINEER SALEH AHMED CHOUDHURY C/O MAHJABIN RAHMAN DIRECTOR THE EDUCATION RESEARCH AND DEVELOPMENT FOUNDATION (ERDF) ERDF BHAWAN LALMATI ROAD BHETAPARA GUWAHATI 781028 ASSAM 6:NAZIA BEGUM D/O LATE ABDUS SUBHAN RESIDENT OF VILLAGE AND PO LATHIMARA PS KATIGORAH DIST CACHAR ASSA Advocate for the Petitioner : MR A A KHAN Advocate for the Respondent : MR. D NANDI (R-2) Page No.# 3/4 In THE EDUCATION RESEARCH AND DEVELOPMENT FOUNDATION (ERDF) AND 2 ORS. VERSUS SADEKA BEGAM AND 5 ORS. F ------------ Advocate for : MR A A KHAN Advocate for : appearing for SADEKA BEGAM AND 5 ORS. F BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA