Allowed

The National Insurance Co. Ltd. v. Fairun Nessa and 8 Ors.

Gauhati HC17 Jun 2019I.A.(Civil)/1882/2018

Case brief

AI extract

What is this about?

National Insurance Co. Ltd. sought recall of an order dismissing a connected appeal for non-prosecution. The court found sufficient cause for the applicant's absence due to a family emergency and restored the appeal as respondents raised no objection.

What did the court decide?

The order dated 14.05.2018 is recalled and the connected appeal is restored to file for hearing after four weeks.

The National Insurance Co. Ltd. Vs Fairun… — Civil Procedure and Limitation | Gauhati HC (2019)

¶1

Page No.# 1/4

¶2

GAHC010109762018

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : I.A.(Civil) 1882/2018

¶5

1:THE NATIONAL INSURANCE CO. LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT 3 MIDDLETON STREET, KOLKATA 700071 AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI 781005.

¶6

VERSUS

¶7

1:FAIRUN NESSA AND 8 ORS

¶8

W/O LATE MOIN MIA, RAJABARI, DURGAPUR, DHARMANAGAR, TRIPURA, PIN 799007.

¶9

2:BARIK MIA S/O LATE MAMU MIA RAJBARI DURGAPUR DHARMANAGAR TRIPURA PIN 799007

¶10

3:NEKJAN BIBI W/O BARIK MIA RAJBARI DURGAPUR DHARMANAGAR TIRPURA PIN 799007

¶11

4:FAJLU MIA S/O LATE MOIN MIA

¶12

Page No.# 2/4

¶13

RAJBARI DURGAPUR DHARMANAGAR TRIPURA PIN 799007

¶14

5:HALIMA BEGUM D/O BARIK MIA RAJBARI DURGAPUR DHARMANAGAR TRIPURA PIN 799007

¶15

6:SAINA BEGUM D/O LATE MOIN MIA RAJBARI DURGAPUR DHARMANAGAR TRIPURA PIN 799007

¶16

7:HAZIRA BEGUM D/O BARIK MIA RAJBARI DURGAPUR DHARMANAGAR TRIPURA PIN 799007

¶17

8:FAZAR UDDIN S/O LATE MOIN MIA RAJBARI DURGAPUR DHARMANAGAR TRIPURA PIN 799007

¶18

9:CHANDAN MAZUMDAR S/O LATE BISHNUPADA MAZUMDAR R/OBETHEKA KALYANPUR DIST. WEST TRIPURA

¶19

Page No.# 3/4

¶20

TRIPURA PIN 79900

¶21

Advocate for the Petitioner : MR. A J SAIKIA

¶22

Advocate for the Respondent : MR. S D PURKAYASTHA (R1-R8)

¶23

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶24

ORDER

¶25

Date : 17-06-2019

¶26

Heard Ms. B. Baishya, learned counsel appearing for the applicant and Mr. S.D. Purakayastha, learned counsel appearing for the opposite party Nos. 1 to 8.

¶27

This application under Order 9 Rule 9 of the Code of Civil Procedure is for recalling the order dated 14.05.2018 whereby the connected appeal was dismissed for non-prosecution.

¶28

Notice to opposite party No. 9 was sent by registered post with A/D on 26.10.2018 and office note dated 13.06.2019 indicates that neither the A/D card nor the un-served notice in respect of the opposite party No. 9 has been received back. Notice is deemed to have been served on the opposite party No. 9 under Order 5 Rule 9 of the CPC.

¶29

I have perused the averments made in the application and also considered the submission made on behalf of the applicant. It is mentioned that on 14.05.2018, the learned counsel for the applicant had to leave the court premises due to sudden emergency in respect of his ailing father and because of the said reason, he could not be present when the concerned appeal called for and was taken up for hearing. In support of the same, the applicant has annexed a copy of a medical prescription.

¶30

Mr. Purakayastha, learned counsel for the opposite party Nos. 1 to 8 has submitted that he has no objection, if the order dated 14.05.2018 is recalled and the connected appeal is restored to file.

¶31

I am of the considered opinion that the applicant has been able to show sufficient cause as regards his default in attending the hearing on 14.05.2018. Further, as the prayer for restoration of the connected appeal is not objected to by the opposite party Nos. 1 to 8, the order dated 14.05.2018 is recalled and it is ordered that the connected appeal be restored to file.

¶32

Page No.# 4/4

¶33

This I.A.(Civil) stands allowed.

¶34

The Regsitry to list the connected MAC Appeal No. 205/2014 for hearing in the usual course after four weeks.

¶35

JUDGE

¶36

Comparing Assistant

The National Insurance Co. Ltd. v. Fairun Nessa and 8 Ors.

Case brief

What is this about?

What did the court decide?

The National Insurance Co. Ltd. v. Fairun Nessa and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Oriental Insurance Co. Ltd. Vs Arati Chik@Sik and 2 Ors.

Oriental Insurance Co. Ltd. Vs Arati Chik@Sik and 2 Ors.

National Insurance Co. Ltd. Vs Santana Goswami and Ors.

M/S. Bazaz Allianz General Insurance Co. Ltd. Vs Josiran Bibi and Anr.

M/S Bajaj Allianz General Insurance Co. Ltd. Vs MD Nizam Uddin

Jagdish Pator Vs New India Assurance Co. Ltd.