The Gauhati High Court granted this interlocutory application, condoning a delay of 159 days in filing a connected appeal based on the applicant's medical certificate regarding viral hepatitis.
Delay of 159 days is condoned and the application is disposed of.
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GAHC010036122019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 666/2019
1:SMTI MONALISHA HAZARIKA THAKURIA
W/O SRI DEVOJYOTI THAKURIA, R/O DIGAMBAR CHUK, NAKARI ROAD, P.O. AND P.S. JORHAT, DIST. JORHAT, ASSAM.
VERSUS
1:SRI DEBAJYOTI THAKURIA
S/O SRI DEBENDRA NATH THAKURIA, R/O DIGAMBAR CHUK, NAKARI ROAD, P.O. AND P.S. JORHAT, DIST. JORHAT, ASSAM.
Advocate for the Petitioner : MR. R K MALAKAR
Advocate for the Respondent : MR. P KATAKI
BEFORE
HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MANISH CHOUDHURY
16.9.2019
[Arup Kumar Goswami, CJ (Acting)]
Heard Mr. R.K. Malakar, learned counsel for the applicant.
This is an application for condonation of delay of 159 days in preferring the connected appeal.
Notice of this application was received by the father of the respondent on 29.3.2019.
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Notice is held to be duly served on the sole respondent.
The delay is sought to be explained on the ground that the applicant was ill. Medical certificate annexed indicates that the applicant was suffering from ‘Viral Hepatitis’ w.e.f 20.7.2018 to 29.12.2018. The appeal was filed on 29.12.2018 itself.
On perusal of the materials on record, we are inclined to condone the delay.
Accordingly, the delay is condoned.
Interlocutory Application stands disposed of.
JUDGE CHIEF JUSTICE(ACTING)
Comparing Assistant
1 issue framed by the court
Whether a delay of 159 days in preferring a connected appeal can be condoned on the ground of the applicant's illness.
Smti Monalisha Hazarika Thakuria
Sri Debajyoti Thakuria
Arup Kumar Goswami
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
