The Gauhati High Court condoned a 127-day delay in filing a first appeal under s. 5 of the Limitation Act, 1963, accepting the illness of the applicant's mother as sufficient cause.
The 127-day delay in preferring the regular first appeal is condoned as sufficient cause.
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
GAHC010017262019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 315/2019
1:SRI PRAGATI PRASAD BORA S/O LATE BHABA BORA, RESIDENT OF SANKARDEV NAGAR, WARD NO 6 DIST MORIGAON, ASSAM
VERSUS
1:SRI GOBINDA RAM DEKA @ GOBINDA CH. DEKA AND ANR S/O LATE NANDA RAM DEKA.
RESIDENT OF VILLAGE NIJARA PARA, JAGIROAD, PS JAGIROAD, DOST MORIGAON, ASSAM
2:SRI PRANJAL DEKA S/O SRI GOBINDA RAM DEKA @ GOBINDA CH. DEKA
RESIDENT OF VILLAGE NIJARA PARA JAGIROAD PS JAGIROAD DOST MORIGAON ASSA
Advocate for the Petitioner : MS. S BIN
Advocate for the Respondent :
Linked Case : RFA Filing No. 12976/2018
1:SRI PRAGATI PRASAD BORA
VERSUS
1:SRI GOBINDA RAM DEKA @ GOBINDA CH. DEKA AND ANR
Page No.# 2/2
Advocate for the Appellant : Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 11-09-2019
Heard Mr. B.K. Sen, learned counsel for the applicant. None appeared for the respondents inspite of service of notice.
By this application u/s 5 of the Limitation Act, 1963, the applicant has prayed for condonation of 127 days delay in preferring the regular first appeal against the judgment and decree passed by the learned Civil Judge, Morigaon in M.S. No. 10/2015.
Cause of delay has been attributed to the illness of the mother of the applicants, for whose treatment, the applicants had to remain busy.
Having considered the submission of the learned counsel for the applicants and the reason shown in the petition, I am of the view, that the cause of delay as explained, can be construed as sufficient cause, so as to condone the delay of 127 days. Accordingly, the application is allowed and the delay stands condoned.
Office to register the connected regular first appeal and list it in appropriate column. IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the illness of the applicant's mother constitutes sufficient cause under s. 5 of the Limitation Act, 1963 to condone a 127-day delay in filing a first appeal?
1 provisions across 1 enactments
SRI PRAGATI PRASAD BORA
SRI GOBINDA RAM DEKA
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
