The Gauhati High Court granted an application for condonation of 88 days delay in filing a regular second appeal. The court noted the respondent's consent and allowed the interlocutory application, directing registry action to register the appeal.
The delay of 88 days in filing the regular second appeal is condoned and the application is allowed.
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GAHC010015422019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 284/2019
1:MD HAZARAT ALI
S/O MD. JEL HAQUE ALI, R/O VILL. PARERCHAR PART-II, P.O. LENGTISINGA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM 783384, RELIGION ISLAM, CASTE GENERAL, AGED ABOUT 48 YEARS, MOBILE NO. 9707293846
VERSUS
1:MD HANIFUDDIN
S/O LATE GUDU MIA, R/O VILL. PARERCHAR PART-II, P.O. LENGTISINGA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM 783384
Advocate for the Petitioner : MR D C NATH
Advocate for the Respondent : MS. R CHOUDHURY
Linked Case : /
1:MD HAZARAT ALI
VERSUS
1:MD HANIFUDDIN
Advocate for the Petitioner :
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Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 17-02-2020
None appears for the applicant, when the matter is called upon. Heard Ms. R Choudhury, learned counsel for the opposite party.
This application is preferred under Order 41 Rule 3-A read with Section 151 CPC as amended upto-date for condoning the delay of 88 days in filing the regular second appeal.
A stand has been taken in paragraph 2 of the application that the certified copy of the judgment and decree in TS No.40/2002 could be obtained only on 07.09.2019 as there was a delay in dispatch of the case records from the Court of learned Civil Judge Bongaigaon after disposal of TA No.14/2014. Moreover, Ms. R Choudhury, learned counsel for the opposite party does not object to the delay being condoned.
In view of the above, the delay of 88 days in filing the accompanying regular second appeal stands condoned.
Interlocutory application stands allowed.
Registry to register the RSA and list for admission showing the name of Ms. R Choudhury, learned counsel for the respondent in the cause-list.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether an interlocutory application for condonation of delay in filing a second appeal should be allowed.
Whether the delay of 88 days in filing the regular second appeal should be condoned.
1 provisions across 1 enactments
MD HAZARAT ALI
MD HANIFUDDIN
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
