Mijajur Rahman Laskar and Anr v. Mastakin Ali Barbhuiyan

ORDER Date : 09.09.2024

Heard Mr. S.P. Choudhury, learned counsel for the applicants.

¶2This interlocutory application, under Section 5 of the Limitation Act, 1963, read with Order 41 Rule 3A, read with Section 151 of the CPC, is preferred by the applicants for condonation of delay of 3 days in preferring the connected second appeal against the judgment and decree dated 05.03.2024, passed by the learned Civil Judge (Senior Division), Cachar at Silchar, in Title Appeal No. 2/2020.

¶3Mr. Choudhury, learned counsel for the applicants submits that the delay of 3 days is explained in paragraph Nos. 4 and 5 of the application and that the delay is not intentional, rather it is circumstantial and therefore, it is contended to condone the same.

¶4Having heard the submission of learned counsel for the applicants, I have carefully gone through the application and the statements and averments made in paragraph Nos. 4 and 5 of the application.

¶6It is stated in paragraph Nos. 4 and 5 that the applicant No. 2 is a disabled person and he could not come to Guwahati immediately owing to his disability and that he hails from an interior place of Cachar district.

¶7Considering all the facts and circumstances on the record and also considering the submission of learned counsel for the applicants, this Court is of the view that the delay of 3 days in preferring the connected second appeal is not intentional, rather it is circumstantial and the same is properly explained and the explanation is found to be satisfactory. Page No.# 3/3

¶8Accordingly, the delay of 3 days in preferring the connected second appeal is condoned.

¶9Registry shall register the connected second appeal and thereafter, list the same before this Court forthwith.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010179082024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2686/2024o MIJAJURoRAHMANoLASKARoANDoANRo S/OoLATEoAKMANoALIoLASKARo@oHARUDHANoALI,o RESIDENToOFoPANCHGRAMoPARToIII,oPH.oANDoPSoUDHARBOND,oPOo UDHARBOND,oDISToCACHAR,oASSAM 2:oILASHoALIoLASKAR oS/OoLATEoMAHAMMADoALIoBARBHUIYANo@oBADUoMIAoBARBHUIYAN o RESIDENToOFoPANCHGRAMoPARToIII oPH.oANDoPSoUDHARBOND oPOoUDHARBOND oDISToCACHAR oASSAo VERSUSo MASTAKINoALIoBARBHUIYANo S/OoLATEoSOMSHERoALIoBARBHUIYAN,o RESIDENToOFoPANCHGRAMoPARToIII,oPH.oANDoPSoUDHARBOND,oPOo UDHARBOND,oDISToCACHAR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oSoPoCHOUDHURY,oMRoKoBISWAKARMA,MSoBoDEVIo AdvocateoforotheoRespondento:o,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN