GAHC010040702020 THE GAUHATI HIGH COURT…
Appeal RSA No.76/2009 restored/readmitted to the file after finding interest of justice would be met.
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GAHC010040702020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/795/2020
RUPA DEY
W/O LATE SANKAR LAL DEY, R/O VILL. CHERAGI BAZAR, P.O. CHERAGI, P.S. RATABARI, DIST. KARIMGANJ, ASSAM
VERSUS
SHRI SRINATH CHANDRA DEB.
S/O SHRI SRISH CHANDRA DEB, R/O VILL. CHERAGI BAZAR, P.O. CHERAGI, P.S. RATABARI, DIST. KARIMGANJ, ASSAM.
Advocate for the Petitioner : MR. P K R CHOUDHURY
Advocate for the Respondent : MR. B C DAS
BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
18.07.2022
Heard Mr. P. K. R. Choudhury, the learned counsel for the applicant and Mr. B. C. Das, the learned senior counsel assisted by Ms. I. Roy, the learned counsel for the respondent.
This is an application for restoration of the appeal being RSA No.76/2009 which was dismissed for default vide the order dated 02.01.2020.
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It appears from the records of RSA No.76/2009 that the counsel for the appellants had informed this Court that the appellant No. 4 had died for which steps were required to be taken for substitution.
This Court vide the order dated 28.11.2019 had directed the appeal to be listed when the application for substitution is filed. It further appears on record that on 02.01.2020, before the application for substitution was filed, the appeal was taken up for hearing by this Court and on account of non-representation of any side, the instant appeal was dismissed.
After perusal of the Interlocutory Application being I.A.(C) No.795/2020 and the grounds assigned therein, this Court is of the opinion that interest of justice would be met if the appeal is readmitted.
Accordingly, the instant application stands allowed thereby restoring/readmitting the appeal to the file.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an appeal dismissed for default should be readmitted after satisfying the grounds and interest of justice?
Rupa Dey
Shri Srinath Chandra Deb
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
