Single Judge order allowing an application for condonation of a 4-day delay in filing an appeal. The court accepted the applicant's reasons of illiteracy and financial hardship as sufficient cause and directed registration of the appeal.
The delay of 4 days in filing the connected appeal is condoned.
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GAHC010011682016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A. 1121/2016 IN
RSA 267189/2015 (FILING NO.)
1:MD. MAINUDDIN SIKDAR
S/O HAZI AKAND ALI SIKDAR, R/O VILL. RAMPUR, MOUZA-TITAPANI, P.S. BAGHBAR, DIST. BARPETA, ASSAM, PIN 781319
VERSUS
1:MD. AMIR HUSSAIN and 11 ORS, S/O LT. MOIZUDIN SIKDAR
2:MD. DULAL MIA S/O LATE RUSTAM ALI BOTH ARE R/O VILL. RAMPUR MOUZA-TITANI P.S. BAGHBAR DIST. BARPETA ASSAM PIN 781319
3:MD. MAZED ALI
4:MD. WAZED ALI
5:MD. WAHED ALI
ALL ARE SONS OF LATE TAIMUDDIN SIKDAR
6:ABUL HUSSAIN
7:HASEN ALI
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8:HUSSAIN ALI
9:SHAHJAHAN ALI ALL ARE SONS OF ABDUL JUBBAR
10:SHAHID ALI S/O SIRAJ ALI LEGAL HEIR OF PATTADAR LT. EYATHAN NESSA 11:FAJAR ALI S/O AMULLYA SHEIKH
12:ABIDA KHATUN D/O LATE ABUL HUSSAIN ALL ARE R/O VILL. RAMPUR MOUZA TITANI P.S. BAGHBAR DIST. BARPETA ASSAM PIN 78131
Advocate for the Petitioner : Mr. S.A. Ahmed
Advocate for the Respondent : Mr. H. Deka
BEFORE
HON BLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 08.06.2018
Heard Mr. S.A. Ahmed, the learned counsel for the applicant as well as Mr. H. Deka, the learned counsel appearing for respondents No. 1 and 2. None appears on call for the performa respondents No. 1 to 10 although notices have been duly served as per office note dated 30.05.2018.
By filing this application under Section 5 of the Limitation Act, the applicant has prayed for condoning the delay of 4 days beyond the period of limitation in preferring the connected appeal.
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It is submitted by the learned counsel for the applicant that the applicants are illiterate persons and they had some financial hardship for which the inadvertent delay had occurred. Although the learned counsel for the opposite parties No. 1 and 2 has objected to this application, but considering the causes shown, the same is accepted as good and sufficient cause which has prevented the applicant from filing the connected appeal on time. Accordingly, the delay of 4 days is hereby condoned.
I.A. stands allowed.
Office shall now register the appeal and list the same for hearing under Order XLI Rule 11 CPC.
Comparing Assistant
1 issue framed by the court
Whether condonation of a 4-day delay in filing an appeal constitutes a good and sufficient cause under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Md. Mainuddin Sikdar
Md. Amir Hussain
Md. Dulal Mia
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
