Application under Section 5 of the Limitation Act filed to condone a 13-day delay in filing a review petition. Court accepted residence in an interior place as good cause. Delay condoned.
Delay of 13 days in filing the review petition condoned.
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GAHC010053552018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 892/2018
1:MD KALA RAJA LASKAR
VILL. KILLARBARK, P.O. JAMIRA BAZAR, P.S. KATLICHERRA, DIST. HAILAKANDI, ASSAM, PIN 788162
VERSUS
1:MD ABDUL WAHID BARBHUIYA
VILL. KILLARBARK, P.O. JAMIRA BAZAR, P.S. KATLICHERRA, DIST. HAILAKANDI, ASSAM, PIN 788162
Advocate for the Petitioner : MR. N DHAR
Advocate for the Respondent : MR. M H RAJBARBHUIYAN
- B e f o r e -
Hon’ble Mr. Justice KALYAN RAI SURANA 08-06-2018
Heard Mr. A.H. Alamgir, learned counsel for the applicant as well as Mr. M.H. Rajbarbhuiyan.
By filing this application under Section 5 of the Limitation Act, the appellant has prayed for condoning the delay of 13 days beyond the period of limitation in filing the review petition.
In this application, it is projected that the applicant is residing in an interior place from where it is very difficult to communicate and for that reason they could not contact the counsel and therefore the delay had occurred.
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Although, the learned counsel for the respondent 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 13 days is hereby condoned.
I.A. Stands allowed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay of 13 days in filing a review petition can be condoned under Section 5 of the Limitation Act.
What constitutes good and sufficient cause for condoning the delay in an interior place?
1 provisions across 1 enactments
MD KALA RAJA LASKAR
MD ABDUL WAHID BARBHUIYA
KALYAN RAI SURANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
