Anjan Kr Dey v. Jayanti Dey and 4 Ors

O R D E R

08.05.2024

This is an application filed under Section 5 of the Limitation Act for condoning the delay of 193 days in filing the application under Order XLI Rule 19 of the Code of Civil Procedure, 1908 (for short, 'the Code') for restoration/re-admission of the Regular Second Appeal which was dismissed for non-prosecution vide the order dated 28.02.2023.

¶2This Court has perused the application and heard the learned counsels appearing on behalf of both the parties. From a perusal of the said application, it reveals that on account of the illness of the counsel Dr. B. Ahmed, the said counsel could not appear before this Court when the Page No.# 3/3 matter was taken up for hearing. Further to that, the said counsel on account of his ailment also could not inform the appellants. However, it was only at the stage when the applicant received notice from the Executing Court, they came to learn about the dismissal of the Appeal for which the accompanying application under Order XLI Rule 19 of the Code was filed which was registered as Misc. Case No.81/2021 along with the instant application for condoning the delay of 193 days.

¶3This Court taking into account the above materials is satisfied that the same constitutes a sufficient cause for condoning the delay of 193 days for which the delay stands condoned.

¶4In view of the above, the instant I.A. stands disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010241352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3200/2023o ANJANoKRoDEYo S/OoLATEoRAMESHoCHANDRAoDEY,oR/OoGOHAINoALI,oWARDoNO.8,oJORHATo TOWN,oJORHAT,oPINo785001,oASSAM VERSUSo JAYANTIoDEYoANDo4oORSo W/OoLATEoBISWESWARoDEY,oR/OoGOHAINoALI,oWARDoNO.8,oJORHATo TOWN,oJORHAT,oPINo785001,oASSAM 2:SRIoBIJOYoKUMARoDEY oS/OoLATEoBISWESWARoDEY oR/OoGOHAINoALI oWARDoNO.8 oJORHAToTOWN oJORHAT oPINo785001 oASSAM 3:SMTIoANURADHAoDEY oD/OoLATEoBISWESWARoDEY oR/OoGOHAINoALI oWARDoNO.8 oJORHAToTOWN oJORHAT oPINo785001 oASSAM 4:SMTIoAPSARAoDEY Page No.# 2/3 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 ASSA 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