Dismissed

Ganesh Kanu and 6 Ors. v. Tribeni Prasad Kanu

Gauhati HC10 May 2022CRP/51/2021

Case brief

AI extract

What is this about?

This revision application under Section 115 CPC was dismissed as non-maintainable since the petitioners should have filed an appeal under Section 100 CPC. However, the Court granted liberty to file a regular second appeal within the limitation period, excluding specific dates from the computation.

What did the court decide?

Liberty granted to file a regular second appeal; period from 16.08.2021 excluded in computing limitation.

Ganesh Kanu and 6 Ors. Vs Tribeni Prasad Kanu — Civil Procedure and Limitation | Gauhati HC (2022)

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GAHC010125012021

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

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Case No. : CRP/51/2021

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GANESH KANU AND 6 ORS.

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S/O LATE CHEDILAL KANU, R/O DHEKIAJULI TOWN, WARD NO. 6, P.O., P.S. AND MOUZA-DHEKIAJULI-784110, DIST- SONITPUR, ASSAM

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2: SMTI. PANMATI KANU W/O LATE CHEDILAL KANU R/O DHEKIAJULI TOWN WARD NO. 6 P.O. P.S. AND MOUZA-DHEKIAJULI-784110 DIST- SONITPUR ASSAM

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3: SANJOY KANU S/O LATE CHEDILAL KANU R/O DHEKIAJULI TOWN WARD NO. 6 P.O. P.S. AND MOUZA-DHEKIAJULI-784110 DIST- SONITPUR ASSAM

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4: GOBINDA KANU S/O LATE CHEDILAL KANU R/O DHEKIAJULI TOWN WARD NO. 6 P.O. P.S. AND MOUZA-DHEKIAJULI-784110 DIST- SONITPUR ASSAM

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5: ANUP KANU S/O LATE CHEDILAL KANU R/O DHEKIAJULI TOWN

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WARD NO. 6 P.O. P.S. AND MOUZA-DHEKIAJULI-784110 DIST- SONITPUR ASSAM 6: LAXMI KANU D/O LATE CHEDILAL KANU R/O DHEKIAJULI TOWN WARD NO. 6 P.O. P.S. AND MOUZA-DHEKIAJULI-784110 DIST- SONITPUR ASSAM 7: SMTI. PUJA KANU GUPTA D/O LATE CHEDILAL KANU R/O DHEKIAJULI TOWN WARD NO. 6 P.O. P.S. AND MOUZA-DHEKIAJULI-784110 DIST- SONITPUR ASSA VERSUS

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TRIBENI PRASAD KANU

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S/O LATE JAMUNA PRASAD KANU, R/O WARD NO. 7, DHEKIAJULI TOWN, P.O., P.S. AND MOUZA DHEKIAJULI 784110, DIST-SONITPUR, ASSAM

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Advocate for the Petitioner : MR. A SATTAR

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Advocate for the Respondent : MR J H LASKAR

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 10-05-2022

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Heard Mr. A. Sattar, learned counsel for the petitioner and Mr. P.K.

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Deka, learned counsel appearing on behalf of the sole respondent. The instant revision application is directed against the judgment and decree dated 13.11.2019 passed in Title Appeal No. 12/2017. A revision application under Section 115 of the Code of Civil Procedure is not maintainable against the judgment and decree as the remedy lies in filing an appeal under Section 100 of the CPC. If the petitioners are aggrieved, they should have filed an appeal under Section 100 of the Code of Civil Procedure. Under such circumstances, the instant revision application stands dismissed on the ground of nonmaintainability.

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However, taking into consideration that the petitioner had within the period of limitation filed the instant revision application, this Court in exercise of the powers under Section 14 of the Limitation Act, 1963 grants the liberty to the petitioner to file a regular second appeal if so advised and if such regular second appeal is filed, the period from 16.08.2021 till the date of the instant order shall be excluded in computing the period of the limitation.

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It is made clear that the dismissal of the revision application as not maintainable and the liberty granted to the petitioners to prefer a second appeal shall not be construed as any observations pertaining to the merits of the second appeal.

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The certified copy of the judgment and decree passed by the trial Court as well as the First Appellate Court be returned to the petitioners by the Registry on appropriate application being filed.

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JUDGE

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Comparing Assistant

Ganesh Kanu and 6 Ors. v. Tribeni Prasad Kanu

Case brief

What is this about?

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Ganesh Kanu and 6 Ors. v. Tribeni Prasad Kanu

Case brief

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What the court decided

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