Niru Rani Das and Anr v. Sushen Das and Ors

ORDER Date : 03.05.2024

Mr. S. Dutta, the learned Senior counsel appearing on behalf of the Applicants submitted that taking into account that the Opposite Party Nos. 2, 3 and 4 were proforma defendants in the suit and they did not participate in the trial as well as also in the First Appellate Court, their names may be struck off.

¶2Taking into account the fact that these Opposite Parties have not filed any written statement and they have not participated in the trial as well as in the First Appellate Court, their names are struck off.

¶3This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 110 days in filing the accompanying Second Appeal against the judgment and decree dated 09.02.2012 passed by the learned Civil Judge No.2, Cachar at Silchar in Title Appeal No.22/2006.

¶4This Court heard Mr. S. Dutta, the learned Senior counsel appearing on behalf of the Applicants as well as Mrs. B. Devi, the learned counsel appearing on behalf of the Opposite Party No.1. This Court has also perused the cause shown as to why the delay of 110 days had occurred in preferring the accompanying appeal which is seen in paragraph No.2 of the said application. Taking into account that the grounds which have been assigned in the opinion of this Court constitutes a sufficient cause within the meaning of Section 5 of the Limitation Act, 1963, the delay of 110 stands condoned.

¶5The instant Misc. Case stands allowed.

¶6The Registry is directed to register the Regular Second Appeal and list the matter in the column of Order XLI Rule 11 on 17.05.2024. Page No.# 3/3

¶7This Court further directs the Applicants herein to file a fresh memo of parties before the Registry in respect to the accompanying Second Appeal taking into account that the names of the Opposite Party Nos. 2, 3 and 4 who are also the Respondent Nos. 2, 3 and 4 in the accompanying Second Appeal have been struck off.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010259252013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/2759/2012 NIRU RANI DAS and ANR W/O- KARUNAMOI DAS R/O VILL-MASUGHAT MOUZA-DIGALIBASTI PO- MASUGHAT DIST- CACHAR ASSAM VERSUS SUSHEN DAS and ORS S/O- LATE DHAN RAM DAS R/O-VILL- MASUGHAT PO- MASUGHAT MOUZA- MASUGHAT PH- BARAKPUR DIST- CACHAR ASSAM PIN-788001 For the Applicant(s) : Mr. S. Dutta, Sr. Advocate For the Respondent(s) : Mrs. B. Devi, Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH