The Guwahati High Court condensed a six-day delay in filing the appeal by an appellant suffering from arthritis who faced difficulties in contacting counsel due to late receipt of the impugned order.
Condonation of delay and disposal of the.application for the ends of justice
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.
Page No.# 1/2
GAHC040010032022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C) 179/2022
1:Tapi Ronya W/o Late Tapi Taley, R/o Hong Village, PO/PS Ziro, District Lower Subansiri, Arunachal Pradesh.
VERSUS
1:Tapi Tamang and 2 Ors. S/o Late Tapi Taker, R/o Hong Village, PO/PS Ziro, District Lower Subansiri, Arunachal Pradesh.
2:Tapi Rajen S/o Late Tapi Hanya
R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh.
3:Tapi Tagia S/o Late Tapi Taker
R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh
Advocate for the Petitioner : Subu Tapin
Advocate for the Respondent :
Page No.# 2/2
BEFORE HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 01-11-2022
Heard Mr. S. Tapin, learned counsel for the appellant.
Notices have been issued to the respondents through registered post with A/D as well as by usual process. Office Note dated 27.10.2022 indicates that A/D Cards have been returned after causing service of notice to respondent Nos. 1, 2 and 3. Office Note dated 31.10.2022 indicates that Vakalatnama/Vakalatnamas on behalf of respondents has/have not yet been filed.
It is submitted that the impugned judgment and order was passed on 20.05.2022 and this appeal was preferred after a lapse of 6 days only on 25.08.2022. It is submitted that the appellant had applied with copies of the judgment & order which was furnished to her on a later date. Furthermore, the appellant was suffering from arthritis and she was having difficulty in walking and was unable to contact the Lawyer for further advice on the impugned order. The petition is substantiated by an affidavit. The reasons for delay of 6 days in filing the present appeal has been explained by the appellant to the satisfaction of this court. For the ends of justice, I deem it proper to condone the delay by allowing the petition of the appellant.
The delay is accordingly condoned and the I.A. is hereby allowed and disposed of.
List the matter for admission hearing on 10.11.2022.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the delay of six days in filing the appeal should be condoned for the ends of justice.
Whether the appellant's health issues and delay in receiving copies of the impugned order justify condonation of delay.
Tapi Ronya
Tapi Tamang and 2 Ors.
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
