The Gauhati High Court, in an interim application, permitted condonation of a 613-day delay in filing an appeal to set aside an ex-parte decree. The court accepted the petitioner's explanation regarding financial constraints and earlier rejection of the writ petition as valid grounds.
Application for condonation of delay of 613 days was allowed.
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.
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GAHC010022432018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 280/2018 in Mat.App./3/2018
1:SMTI CHAMPA CHANDA
D/O SHANKAR CHANDA, R/O VILL. KALINAGAR PART-III, P.O. KALINAGAR
VERSUS
1:MONI CHANDA
R/O VILL. MAIZGRAM, P.O.MAIZGRAM 788710, DIST. KARIMGANJ, ASSAM.
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent :
BEFORE
HON’BLE THE CHIEF JUSTICE (ACTING) MR. ARUP KUMAR GOSWAMI HON’BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
11.09.2019
[ A.K. Goswami, CJ(Acting) ]
Heard the learned counsel for the applicant.
Service is complete as indicated by the office note dated 07.09.2019.
None appears for the respondent.
This is an application for condonation of delay of 613 days.
Perusal of the averments made in this application goes to show that on an endorsement of the
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process server that the appellant had refused to accept notice, an ex-parte judgment and decree dated 10.12.2015 was passed against the applicant. Immediately after the applicant had come to know of the judgment and decree, she filed an application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure registered as Misc.(R) Case No.35/2016 for setting aside the aforesaid decree dated 10.12.2015. The said application was rejected on 06.09.2017 and thereafter, the present appeal was preferred on 15.11.2017. It is stated that immediately after disposal of the petition the applicant could not approach this Court because of financial constraints.
Having regard to the averments made, delay is condoned.
I.A. stands allowed.
Sd/Sd/- JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
2 issues framed by the court
Whether the delay of 613 days in filing the appeal for setting aside an ex-parte decree warrants condonation.
Whether financial constraints and inability to approach the court constitute sufficient grounds for condoning delay.
1 provisions across 1 enactments
Smti Champa Chanda
Moni Chanda
Arup Kumar Goswami
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
