Allowed

Md. Fakrul Islam Beg v. Abdul Gafur Borbhuiyan

Gauhati HC2 Feb 2021I.A.(Civil)/1158/2020

Case brief

AI extract

What is this about?

Single judge order allowing condonation of a 569-day delay in filing an application for re-admission of an appeal. The delay was due to the absence of counsel admitted as an indoor patient in Kerala on the date of listing. The court accepted this as sufficient justification and re-admitted the appeal.

What did the court decide?

The delay of 569 days in filing the application for re-admission of I.A.(Civil) No. 1157 of 2020 was condoned, and the appeal was re-admitted for hearing.

Md. Fakrul Islam Beg Vs Abdul Gafur Borbhuiyan — Civil Procedure and Limitation | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010084902020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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I.A.(Civil)/1158/2020

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MD. FAKRUL ISLAM BEG S/O LT. MAHAMMAD ALI BEG R/O VILL. NAM DABAKAGAON MOUZA-JOGIJAN CIRCLE-HOJAI DIST. NAGAON ASSAM. PRESENT ADD LECTURER LANKA COLLEGE PO/PS. LANKA DIST. NAGAON (NOW HOJAI) ASSAM.

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VERSUS

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ABDUL GAFUR BORBHUIYAN S/O LT. IDRISH ALI BARBHUIYA VILL. NAM DABOKA GAON PO/MOUZA-JOGIJAN SUB REGISTRY HOJAI DIST. NAGAON (NOW HOJAI) ASSAM.

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-----------Advocate for : MR. S DASGUPTA

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Page No.# 2/2

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Advocate for : appearing for ABDUL GAFUR BORBHUIYAN

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 02-02-2021

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Heard Mr. S. Dasgupta, the learned counsel for the applicant and Mr. K.A. Mazumdar, the learned counsel appearing for the opposite party.

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At the outset it is submitted that in the connected appeal there were eight respondents and the name for respondent nos. 2 to 8 had been struck-off.

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I.A.(Civil) 1158 of 2020 is an application under Section 5 of the Limitation Act with a prayer for condoning the delay of 569 days beyond the period of limitation in filing the connected application for re-admission of the connected appeal which was dismissed for nonprosecution by order dated 24.07.2018. The said application for re-admission of appeal is registered as I.A.(Civil) No. 1157 of 2020.

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The ground assigned in both the applications is that on the date of listing, the conducting counsel was on way to Kerala for being admitted for treatment as an indoor patient in the hospital of Kerala from 26.07.2018 to 16.08.2018. Accordingly, he was absent when the matter was called and dismissed for non-prosecution. In support of his submission, the discharge summary issued by the concerned hospital has been annexed.

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Although the learned counsel for the opposite party has opposed this application, but considering the explanation tendered, the same is accepted as good and sufficient reason for the applicant to remain unrepresented when the connected appeal was called up for hearing on 24.07.2018. Accordingly, the delay of 569 days beyond the period of limitation in filing the connected application for re-admission of RSA No. 47/2007 stands condoned and the said appeal stands re-admitted for hearing.

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JUDGE

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Comparing Assistant

Md. Fakrul Islam Beg v. Abdul Gafur Borbhuiyan

Case brief

What is this about?

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Md. Fakrul Islam Beg v. Abdul Gafur Borbhuiyan

Case brief

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What did the court decide?

What the court decided

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