This judgment condones a 13-day delay in filing a regular first appeal under Section 5 of the Limitation Act, 1963. The High Court granted the application and permitted registration of the connected appeal.
Application for condoning 13-day delay in filing appeal allowed; directory to register connected appeal.
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GAHC010013362017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 508/2017
1:MAKUM MOTORS LEDO and ANR
A PROPRIETORSHIP CONCERN OF THE PLAINTIFF NO. 2 HAVING ITS HEAD OFFICE A TULSIRAM ROAD, TINSUKIA TOWN AND RETAIL OUT-LET AT LEDO, DIST. TINSUKIA
2: SMT. PUSHPA DEVI JAIN
W/O SRI VIJAY KUMAR JAIN PROPRIETORESS OF PLAINTIFF NO. 1 RESIDING AT TULSIRAM ROAD TINSUKIA TOWN DIST.TINSUKIA
VERSUS
1:M/S UJJAL TRANSPORT AGENCY
LEDO PINCODE 786182, DIST. TINSUKIA, ASSAM ALSO AT M/S UJJAL TRANSPORT AGENCY TIKOK COLLIERY KHANI, DIST. TINSUKIA, ASSAM.
Advocate for the Petitioner : MR.K DEKA
Advocate for the Respondent : MR S KHOUND
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 06-09-2019
Heard the learned counsels for both the parties.
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By this application filed under Section 5 of the Limitation Act, 1963, the petitioners have prayed for condoning the delay of 13 days in preferring the Regular First Appeal against the judgment and order dated 18.06.2016 passed by the learned Civil Judge, Tinsukia in Money Suit No. 10/2007.
The learned counsel for the respondent submits that he has no objection in condoning the delay of 13 days in preferring the connected RFA.
Considering the submissions of both the parties, the petition is allowed and the same accordingly stands disposed of.
The office to register the connected appeal and list accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 13 days in filing the first appeal should be condoned.
1 provisions across 1 enactments
Makum Motors Ledo and ANR
M/s Ujjal Transport Agency
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
