Shri Shetsoyi Chizo v. Shri Chekhuve Veswu

ORDER

09.05.2024

Heard Mr. Elivil Zao, learned counsel for the peti-tioner. The learned counsel for the petitioner has filed an affidavit to show that he has taken steps for causing service of notice upon the respondent by way of substituted mode through paper publication in two dailies i.e. Nagaland Post (English) and Capi (local) on 2.4.2024 by annexing the original newspaper publication. I have perused the same. However, no one appears on behalf of the sole re-spondent. Page No.# 3/3 The record reveals that in earlier occasion also the applicant has taken steps upon the respondent, but the respon-dent is reported to have refused to accept the notice because of which the petitioner has caused service of notice upon the re-spondent by substituted mode by paper publication. In view of above, notice upon the respondent is treated to have been complete. This is an application under section 5 of the Indian Limitation Act, 1963 praying for condonation of delay of 96 days in filing the connected civil revision. The ground of delay in filing the connected civil revi-sion has been stated at paragraph 6 of the application. The ap-plicant has shown sufficient cause for not filing the civil revision petition within the stipulated time. Moreover, since the respon-dent has failed to appear despite receipt of notice through news-paper publication, it is presumed that the respondent is aware of the case and he has no objection. In view of the above, the delay of 96 days in filing the connected Review Petition is hereby condoned. The I.A. stands allowed and disposed of.

Sd/- JUDGE Comparing Assistant

Page No.# 1/3 GAHC020001422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/113/2023 SHRI SHETSOYI CHIZO REPRESENTED BY ITS CHAIRMAN PERMANENET R/O KHUTSOKHUNO VILLAGE PHEK NAGALAND VERSUS SHRI CHEKHUVE VESWU S/O LT. VESUYI VESWU PERMANENT R/O KHUTSOKHUNO VILLAGE PHEK NAGALAND ------------ Advocate for : ELIVIL ZAO Advocate for : appearing for SHRI CHEKHUVE VESWU Linked Case : C. REVN/12/2023 SHRI SHETSOYI CHIZO REPRESENTED BY ITS CHAIRMAN PERMANENT R/O KHUTSOKHUNO VILLAGE PHEK NAGALAND Page No.# 2/3 VERSUS SHRI CHEKHUVE VESWU CHEKHUVE VESWU S/O LT. VESUYI VESWU PERMANENT RESIDENT OF KHUTSOKHUNO VILLAGE PHEK NAGALAND ------------ Advocate for : ELIVIL ZAO Advocate for : appearing for SHRI CHEKHUVE VESWU BEFORE HON'BLE MR. JUSTICE BUDI HABUNG