The Joint Controller of Communication Accounts v. Smti. Ghotoni Aye and 3 Ors

ORDER Date : 28-05-2024 Heard Mr. Yangerwati, learned counsel for the applicant. Also heard Mr. Khampei, learned counsel for the respondent no. 1. The learned counsel for the applicant submits that he has taken steps upon the respondent nos. 2, 3 and 4 by way of substituted notice by publishing in one local daily newspaper, i.e., "Nagaland Post" on 03.05.2024. The original copy of the newspaper publication has been produced by way of filing an affidavit as an evidence of the newspaper publication and I have perused the same. Mr. Khampei, learned counsel for the respondent no. 1 is present. However, no one appears on behalf of the respondent nos. 2, 3 and 4. This is an application under Section 5 of the Indian Limitation Act, 1963 praying for condonation of delay of 668 days in filing the connected civil revision petition and the ground of delay in filing the connected appeal has been stated in paragraph 6 and 7 of the application. The petitioner has been able to satisfy that he had a sufficient cause for not preferring the connected civil revision petition within the stipulated period of time. Moreover, the learned counsel for the respondent no. 1 has no Page No.# 3/3 objection if the delay of 668 days in filing the connected civil revision petition is condoned. The respondent nos. 2, 3 and 4 are not represented despite of notice served upon them by newspaper publication. It appears that the respondent nos. 2, 3 and 4 have also no objection in condoning the delay of 668 days. In view of the above, the delay of 668 days in filing the connected civil revision petition is hereby condoned. With the above, this IA stands allowed and disposed of.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020003072023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/72/2023 THE JOINT CONTROLLER OF COMMUNICATION ACCOUNTS DEPARTMENT OF TELE COMMUNICATION-NE-II CIRCLE VERSUS SMTI. GHOTONI AYE AND 3 ORS W/O LATE NZAMO LOTHA, R/O XUVIHE COLONY, DIMAPUR, NAGALAND Advocate for the Petitioner : YANGER WATI Advocate for the Respondent : Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE BUDI HABUNG