Mojibur Rahman and 3 Ors v. Bharat Choubey @ Bharat Chandra Choubey

ORDER Date : 20.11.2024

Heard Mr. S. Dutta, learned Senior counsel, assisted by Mr. S. Dutta, learned counsel for the applicants and Mr. H.P. Neog, learned counsel for the opposite party.

¶2This interlocutory application, under Section 5 Limitation Act, 1963 is preferred by the applicants for condonation of delay of 13 days in preferring the connected revision petition against the order dated 19.08.2024, passed by this Court in CRP(IO) No. 306/2024.

¶3Mr. Dutta, learned Senior counsel for the applicants submits that the delay has been explained in the paragraph No. 9 of the application, wherein it is stated that while the order was passed on 19.08.2024, in CRP(IO) No. 306/2024, the certified copy of the order was obtained on 22.08.2024, and that the delay is not deliberate and intentional, rather it is circumstantial and therefore, it is contended to condone the same.

¶4On the other hand, Mr. Neog, learned counsel for the opposite party submits that there is delay of 42 days in preferring the connected review petition and that he has objection in condoning the same.

¶5Having heard the submissions of learned Advocates of both sides, I have Page No.# 3/3 carefully gone through the application and the documents placed on record.

¶6It appears that the delay of 13 days is sufficiently explained in the paragraph No. 9 of the application.

¶7Having considered above, and also considering the facts and circumstances on the record, this Court is inclined to condone the delay of 13 days in preferring the connected review petition.

¶8In terms of above, this I.A. stands allowed.

¶9Registry shall proceed to register the connected review petition and thereafter, list the same before this Court as soon as practicable.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010214122024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3153/2024o MOJIBURoRAHMANoANDo3oORSo S/OoLATEoABDULoRAHMANo RESIDENToOFoNAHARKATIAoTOWN,oWARDoNO.o3,oPOoNAHARKATIA,oDISTo DIBRUGARH,oASSAMo786610 2:oMD.oMAHIBURoRAHMAN oS/OoLATEoABDULoRAHMANo RESIDENToOFoNAHARKATIAoTOWN oWARDoNO.o3 oPOoNAHARKATIA oDISToDIBRUGARH oASSAMo786610 3:oMD.oSAFIULLAoRAHMAN oS/OoLATEoABDULoRAHMANo RESIDENToOFoNAHARKATIAoTOWN oWARDoNO.o3 oPOoNAHARKATIA oDISToDIBRUGARH oASSAMo786610 4:oMD.oMOBIDULoREHMAN oS/OoLATEoABDULoRAHMANo RESIDENToOFoNAHARKATIAoTOWN oWARDoNO.o3 oPOoNAHARKATIA oDISToDIBRUGARH oASSAMo78661o VERSUSo BHARAToCHOUBEYo@oBHARAToCHANDRAoCHOUBEYo S/OoLATEoSUKHDEVoCHOUBEY,o RESIDENToOFoWARDoNOo13,oSIVASAGARoTOWN,oPOoANDoDISToSIVASAGAR, Page No.# 2/3 ASSAM 785640 Advocate for the Petitioner : MR. S DUTTA, MS S MOCHAHARI,MR. A BISWAS,MR SISHIR DUTTA Advocate for the Respondent : MR H P GUWALA, MR. B K DAS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN