Anjan Kr Dey v. Jayanti Dey and 4 Ors

O R D E R

08.05.2024 This is an application filed under Order XLI Rule 19 of the Code of Civil Procedure, 1908 for seeking restoration/re-admission of the Regular Second Appeal being RSA No.96/2004 which was dismissed for non-prosecution vide the order dated 28.02.2023.

¶2The grounds mentioned therein stipulate that the earlier counsel who was representing the appellants could not appear on account of his medical Page No.# 3/3 ailments and further due to his medical ailments he could not also inform the applicant.

¶3Taking into account the grounds which are solely on account of the ailments of the counsel, this Court is of the opinion that the case is made out for restoration of the Appeal which was dismissed for default vide the order dated 28.02.2023.

¶4Accordingly, the instant application is allowed thereby bringing back the Regular Second Appeal being RSA No.96/2004 to the file of this Court

¶5In view of the above, the instant application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010241352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooCaseooNO.:oMC/81/2023 ANJANoKRoDEY S/OoLATEoRAMESHoCHANDRAoDEY oR/OoGOHAINoALI oWARDoNO.8 oJORHAToTOWN oJORHAT oPINo785001 oASSAM oVERSUS JAYANTIoDEYoANDo4oORS W/OoLATEoBISWESWARoDEY oR/OoGOHAINoALI oWARDoNO.8 oJORHAToTOWN oJORHAT oPINo785001 oASSAM 2:SRIoBIJOYoKUMARoDEY S/OoLATEoBISWESWARoDEY oR/OoGOHAINoALI oWARDoNO.8 oJORHAToTOWN oJORHAT oPINo785001 oASSAM o3:SMTIoANURADHAoDEY D/OoLATEoBISWESWARoDEY oR/OoGOHAINoALI Page No.# 2/3 WARD NO.8 JORHAT TOWN JORHAT PIN 785001 ASSAM 4:SMTI APSARA DEY D/O LATE BISWESWAR DEY R/O GOHAIN ALI WARD NO.8 JORHAT TOWN JORHAT PIN 785001 ASSAM 5:SMTI MANCHAN ACHAO W/O SRI TARUN ACHAO R/O KAMERBONDHA ROAD WARD NO.8 JORHAT TOWN JORHAT PIN 785001 ASSAM For the applicant (s) : Mr. P. K. Roychoudhury, Advocate For the respondent (s) : Mr. S. K. Ghosh, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH