The Gauhati High Court considered an application under Section 5 of the Limitation Act, 1963, to condone a 24-day delay in preferring a connected appeal. The court found sufficient grounds and allowed the application.
The delay of 24 days in preferring the connected appeal is condoned and the interlocutory application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010171862018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 2877/2018
1:RABINDRA NATH DAS
S/O LATE KAJI RAM DAS R/O VILLAGE GARGARA PS PALASHBARI PO SIKARHATI DIST KAMRUP R ASSAM 781128
VERSUS
1:THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM , EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP R AMINGAON DIST KAMRUP R ASSAM 781031
4:THE BLOCK ELEMENTARY EDUCATION OFFICER RANI PO RANI DIST KAMRUP ASSAM 781131
5:SRI PRADIP KR. DAS S/O LATE MADHAB DAS R/O VILLAGE BHATTAPARA PS AZARA DIST KAMRUP R ASSA
Page No.# 2/2
Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HON'BLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 01-10-2018
[A. K. Goswami, CJ (Acting)]
Heard Mr. M. Dutta, learned counsel appearing for the applicant. Also heard Ms. R. Bora, learned Standing counsel, Education (Elementary) Department, appearing for respondent Nos. 1 to 4 as well as Mr. S. Rahman, learned counsel appearing for respondent No. 5.
This is an application under Section 5 of the Limitation Act, 1963, for condoning the delay of 24 days in preferring the connected appeal against the judgement and order dated 30.05.2018, passed by this court in WP(C) 4697/2016.
Upon hearing the learned counsel for the parties and on perusal of the materials on record, we are satisfied the applicant has been able to show sufficient grounds for condoning the delay.
Accordingly, the delay of 24 days in preferring the connected appeal is condoned. Interlocutory Application stands allowed and disposed of.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
2 issues framed by the court
Whether the delay of 24 days in preferring the connected appeal can be condoned under Section 5 of the Limitation Act, 1963.
Whether the applicant has shown sufficient grounds for condoning the delay.
1 provisions across 1 enactments
Rabindra Nath Das
The State of Assam
Director of Elementary Education Assam
District Elementary Education Officer Kamrup
Block Elementary Education Officer Rani
Pradip Kr. Das
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
