M/S Assam Trade Corporation and Anr v. Sudhir Jalan and Anr

PageoNo.#o1/3 GAHC010206022021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/316/2022o M/SoASSAMoTRADEoCORPORATIONoANDoANRo AoPROPRIETORSHIPoFIRMoREPRESENTEDoBYoITSoPROPRIETORoANDo AUTHORISEDoSIGNATORYoSRIoRAJoKUMARoSINGH 2:oSRIoRAJoKUMARoSINGH oPROPRIETORoANDoAUTHORIZEDoSIGNATORYoOFoM.SoASSAMoTRADEo CORPORATION o611 oHENGRABARI oGANESHGURI oGUWAHATIo781006 DISToKAMRUPoMoASSAM o PRESENTLYoRESIDINGoATo473.oKRISHNAoNAGAR oGHAZIABAD oDISToGHAZIABAD oNEWoDELHo VERSUSo SUDHIRoJALANoANDoANR.o S/OoLATEoGAURIoSHANKARoJALANo RESIDENToOFo78,oS.R.C.BoROAD,oFANCYoBAZAR,oGUWAHATIo781001,oDISTo KAMRUPo(M)oASSAM 2:SRIoSUMIToJALAN oS/OoLATEoGAURIoSHANKARoJALANo RESIDENToOFo78 oS.R.C.BoROAD oFANCYoBAZAR oGUWAHATIo781001 oDISToKAMRUPo(M)oASSAo AdvocateoforotheoPetitionerooooo:oMR.oBoCHAKRAVARTYo Page No.# 2/3 Advocate for the Respondent : MR G N SAHEWALLA (R-1,2)

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

18.06.2024

Heard Mrs. R. Devi, the learned counsel appearing for the applicants as well as Mr. G.N. Sahewalla, the learned senior counsel representing the respondents.

¶2This is an application under Order 41 Rule 3A of the CPC read with Section 5 of the Limitation Act praying for condonation of 1268 days of delay in preferring the connected appeal.

¶3The respondents filed the Title Suit No.40/2017. The notice upon the present petitioners was published in a newspaper and in spite of that, the petitioners did not contest the suit before the trial court. Therefore, the trial court passed an ex parte decree against the present petitioners. The decree was executed through Title Execution Case No.06/2018.

¶4On 03.05.2017, the present applicants filed a Criminal Revision Petition No.140/2017 before this Court. In that application, their address was shown as the one which was same as their address shown in Title Suit No.40/2017.

¶5Now, the applicants have claimed that on 3rd week of July, 2019, they came to know that a consignment of supari have been sold in auction pursuant to an order passed by court in respect of a suit. Therefore, they applied for certified copy of the order and it was obtained on 07.08.2019.

¶6Thereafter, the applicants had a series of consultations with their lawyer at Guwahati. In the meantime, the COVID lock down started. After the relaxation of lock Page No.# 3/3 down, the applicants again had a series of consultations with their lawyer. After that, the Puja Vacation came.

¶7Afterwards, some confusion arose regarding the forum where the applicants can file the first appeal. In this way, the delay took place.

¶8I have considered the submissions made by the learned counsel of both sides.

¶9Notice regarding the Title Suit was served according to law. I find that the applicants were negligent. I am of the considered opinion that the delay has not been convincingly explained. Therefore, this Court is of the opinion that the delay of 1268 days in preferring the first appeal cannot be condoned. The application stands dismissed and disposed of accordingly.

JUDGE Comparing Assistant