Mustt Hasina Begum v. Assam State Tansport Corporation

ORDER

03.04.2024

The learned counsel appearing on behalf of the petitioner submitted that the Page No.# 2/3 dismissal of the suit vide the impugned order dated 21.06.2023 amounts to a decree.

¶2Taking into account the above, the petitioner on a mistaken advice had filed the application under Article 227 of the Constitution. He, therefore, submitted that he may be permitted to withdraw the instant application with liberty to file an appeal against the impugned order dated 21.06.2023, whereby the said suit was dismissed. He further submitted that as the petitioner on a mistaken advise have been bona fide litigating before this Court in a proceeding which lacks jurisdiction, the period during which the instant application has been pending be excluded while computing the period of limitation while filing the appeal.

¶3The learned counsel for the petitioner also submitted that he may be permitted to take the certified copy of the impugned order dated 21.06.2023 from the Registry of this Court which has been enclosed to the instant proceeding so that he may file an appeal.

¶4This Court has also heard Mr. RN Das, the learned counsel appearing on behalf of the respondent.

¶5Taking into account that the dismissal of the suit for whatever reasons amounts to a decree, it is the opinion of this Court that the learned counsel appearing on behalf of the petitioner has rightly made the submission that he may be permitted to withdraw the instant proceeding.

¶6Accordingly, the instant proceeding stands closed on withdrawal.

¶7This Court further is of the opinion that the petitioner pursuant to the passing of the impugned order dated 21.06.2023 has approached this Court on

19.10.2023 and, thereupon, the proceedings have been pending. Page No.# 3/3

¶8Under such circumstances, if the petitioner avails his remedies for filing an appeal against the impugned order dated 21.06.2023, the period from

19.10.2023 till date be excluded while computing the period of limitation.

¶9This Court also observes and directs that in the circumstance the petitioner files an application before the Registry of this Court for returning of the certified copy of the impugned order dated 21.06.2023, the Registry of this Court shall within 5(five) days from the date of application provide the said certified copy which is a part of the instant proceedings.

¶10With the above, this revision petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010234042023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/173/2023 MUSTT HASINA BEGUM W/O LATE AMZAD ALI, R/O BHUTNATH, P.O.-GUWAHATI-781009, DIST- KAMRUP (M), ASSAM VERSUS ASSAM STATE TANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS HEAD OFFICE AT PALTAN BAZAR, A.T. ROAD, P.O.-GUWAHATI-781008, DIST- KAMRUP (M), ASSAM Advocate for the Petitioner : MR J C GAUR Advocate for the Respondent : SC, A S T C BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH