In an intra-court application, the Gauhati High Court condoned a delay of 91 days for filing a revision petition based on the petitioner's severe medical ailment, listing it for hearing.
The delay of 91 days in filing the application was condoned; the connected revision was listed for admission hearing on 02.08.2019.
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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GAHC010031212018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 119/2018
1:BIJOY PURKAYASTHA
S/O. LT. SAMARENDRA PURKAISTA, R/O. SUTARGAON, P.S. DOBOKA, DIST. NAGAON, ASSAM
VERSUS
1:SMT. DEEPMONI DAS PURKAYASTHA
W/O. SRI BIJOY PURKAISTA, R/O. SANKAR MISSION ROAD, P.S. SADAR, DIST. NAGAON, ASSAM
Advocate for the Petitioner : G UDDIN Advocate for the Respondent :
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 23-07-2019
Heard the learned counsel for the petitioner. No one has appeared on behalf of respondent despite service of notice.
By way of this application, prayer for condonation of delay of 91 days has been made against
the judgment and order dated 12.07.2017 passed by the learned Sessions Judge, Nagaon in
Criminal Appeal No.67(N)/2016, whereby the learned appellate court has dismissed the
appeal affirming the judgment and order passed in DV Case No.381/2014.
It has been contended that due to suffering from severe ailment he was under medical
treatment for which he could not prefer the revision in time. Annexing the medical document
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it has been submitted that the petitioner was suffering from rectal bleeding with internal piles and was under treatment till last part of 2017 and advised to take complete bed rest during the period.
Having heard the submission of the learned counsel for the petitioner and the medical documents annexed it can be inferred that due to the ailment the petitioner was unable to prefer the revision in time.
Considering all aspect, delay of 91 days as sought for is hereby condoned.
List the connected revision for admission hearing on 02.08.2019.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay of 91 days in filing the application for condonation of delay is justified due to the petitioner's medical condition.
Whether the application for condonation of delay should be admitted for hearing.
Bijoyn Purkayastha
Smt. Deepmoni Das Purkayastha
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
