Vhanu Das v. Biswajit Roy @ Aloy Roy and Ors

ORDER Date : 21.08.2024

Heard Ms. K.L.R. Yanthan, learned counsel for the applicant and Mr. S.D. Purkayastha, learned counsel for the opposite party No. 1.

¶2This application, under Section 5 of the Limitation Act, is preferred by the applicant for condonation of delay of 43 days in preferring the connected second appeal against a judgment and decree dated 19.06.2023, in Title Appeal No. 33/2015, passed by the learned Civil Judge No. 1, Cachar, Silchar.

¶3Ms. Yanthan, learned counsel for the applicant submits that the applicant could not contact his counsel at Gauhati High Court in time and also because of her poor financial condition, the appeal could not be preferred and the delay of 43 days in filing the connected second appeal is not intentional and deliberate one, rather it is circumstantial and that the grounds have been mentioned in paragraph Nos. 2 and 3 of the application and therefore, it is contended to condone the delay of 43 days. Page No.# 3/3

¶4On the other hand, Mr. Purkayastha, learned counsel for the opposite party No. 1 submits that he has no objection in the event of condonation delay of 43 days in preferring the connected second appeal.

¶5Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the statements and averments made in paragraph Nos. 2 and 3 of the application.

¶6It appears that the delay of 43 days in preferring the connected second appeal is sufficiently explained and therefore, this Court is inclined to condone the same. Accordingly, the delay of 43 days in preferring the connected second appeal stands condoned.

¶7Registry shall register the connected second appeal and thereafter, list the same before this Court. Registry shall also reflect the name of Mr. S.D. Purkayastha, learned counsel for the respondent No. 1 in the connected second appeal.

¶8In terms of above, this interlocutory application stands allowed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010293042023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/269/2024o VHANUoDASo S/OoLATEoCHANDRAoMOHANoDAS,o RESIDENToOFoDASoCOLONY,oWARDoNO.o19,oPARGONA,oBARAKPAR,oPSo SILCHAR,oDISToCACHAR,oASSAM VERSUSo BISWAJIToROYo@oALOYoROYoANDoORS.o S/OoMANIKLALoROYo RESIDENToOFoSRIGURUoLANE,oN.SoAVENUEoSILCHARoTOWN,oPARGONAo BARAKPUR,oPOoANDoPSoSILCHAR,oDISToCACHAR,oASSAM 2:ONoTHEoDEATHoOFoKHUKANoDAS oHISoLEGALoHEIRSoRINKUoDAS oS/OoLATEoKHUKANoDASo C/OoMADHUoPAUL oRESIDENToOFoSONAIoBAZAR oVETERINARYoHOSPITAL oPARGANAoBANRAJ oPOoSONAI oPSoSONAI oDISToCACHAR oASSAM 3:RAJUoDASoKUTIoDAS oS/OoLATEoKHUKANoDASo C/OoSUDHANGSHUoDASo RESIDENToOFoVILLAGEoCHIRUKANDIo(SOUTHERNoSIDEoOFoBISHFOOTIo BRIDGE)oPARGONAoBARAKPAR oDISToCACHAR oASSAM Page No.# 2/3 4:PUJA DAS PAKHI D/O LATE KHUKAN DAS W/O MADHAB CHANDA RESIDENT OF DAS COLONY JANATA LANE SILCHAR PARGONA BARAKPUR DIST CACHAR ASSA Advocate for the Petitioner : MRS. R RONGMEI, MR S NATH,MS. K L R YANTHAN,MR P UPADHYAYA Advocate for the Respondent : MR. S D PURKAYASTHA (R-1), MS S.S.BORA(R-1) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN