Single judge allowed an application under Section 5 of the Limitation Act condoning a 77-day delay in filing a second appeal, finding the petitioner's explanation reasonable and sufficient.
The petition under Section 5 of the Limitation Act is allowed; the delay stands condoned.
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GAHC010140762018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 2361/2018
1:ABDUL MATLEB and ANR
S/O LATE ASORUDDIN R/O VILLAGE AND PO AULATOLI PS LAKHIPUR DIST GOALPARA, ASSAM
2: KURMAN ALI
S/O LATE ASORUDDIN R/O VILLAGE AND PO AULATOLI PS LAKHIPUR DIST GOALPARA ASSA
VERSUS
1:ISHAHOQUE @ ISHAHER ALI and 2 ORS
S/O LATE MOKSHED MONDAL R/O VILLAGE AND PO AULATOLI PS LAKHIPUR DIST GOALPARA, ASSAM
2:THE STATE OF ASSAM REPRESENTED BY THE COLLECTOR AND DEPUTY COMMISSIONER GOALPARA DIST PO PS AND DISTRICT GOALPARA ASSAM
3:THE ASSISTANT SETTLEMENT OFFICER (ASO) LAKHIPUR PO AND PS LAKHIPUR DIST GOALPARA ASSA
Advocate for the Petitioner : MR. S HOQUE
Advocate for the Respondent : MR. A ROSHID (R - 1)
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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 30-08-2019
Learned counsel for the petitioner and the respondent No. 1 are in attendance and heard.
By this application under Section 5 of the Limitation Act the petitioner has prayed for condoning the 77 days delay in preferring the second appeal against the judgment and decree passed by the learned Civil Judge, Goalpara in TA No. 30/2015. The delay of 77 days has been satisfactorily explained in the petition supported by an affidavit. The respondent no. 1 has filed an objection to resist the prayer for condonation of delay.
Having heard the learned counsel for both the sides and also the cause shown by the petitioner, I am of the view that the explanation advanced by the petitioner is reasonable and can be construed as sufficient cause in the facts and circumstances of the case for giving indulgence to the appellant to file the appeal beyond the period of limitation.
Accordingly, the petition is allowed and the delay stands condoned.
The Petition stands disposed of.
Registry to list the connected appeal.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the 77-day delay in filing the second appeal can be condoned under Section 5 of the Limitation Act.
Whether the explanation advanced by the petitioner constitutes sufficient cause for indulgence.
1 provisions across 1 enactments
ABDUL MATLEB and ANR
ISHAHOQUE @ ISHAHER ALI and 2 ORS
THE STATE OF ASSAM REPRESENTED BY THE COLLECTOR AND DEPUTY COMMISSIONER GOALPARA DIST PO PS AND DISTRICT GOALPARA
THE ASSISTANT SETTLEMENT OFFICER (ASO) LAKHIPUR PO AND PS LAKHIPUR
MIR ALFAZ ALI
As recorded by the court registry
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