The Gauhati High Court condoned a delay of 345 days in filing a connected limitation appeal against a district judge's judgment, accepting the explanation and leave of the respondent, and disposed intrinsically.
Delay of 345 days in filing the connected appeal is hereby condoned and the appeal shall be registered and listed for admission.
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GAHC010052242023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1990/2023
PALOMINA MARAK
W/O GARMIDSON SHIRA, VILL.- BANDARSHI PART III, P.O.- BANDARSHI, P.S.- DUDHNOI, DIST.- GOALPARA, ASSAM.
VERSUS
THE GENERAL MANAGER AND 2 ORS. NORTH EAST FRONTIER RAILWAY, MALIGAON, GUWAHATI- 11, ASSAM.
2:DEPUTY CHIEF ENGINEER (CONSTRUCTION) NORTH EAST FRONTIER RAILWAYS MALIGAON GUWAHATI- 11 ASSAM. 3:THE STATE OF ASSAM REP. BY THE DEPUTY COMMISSIONER CUM COLLECTOR GOALPARA DIST. AND P.O.- GOALPARA ASSAM PIN- 783101
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
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ORDER
02.08.2023
Heard Mr. H. Das, learned counsel for the applicant.
This I.A. has been filed under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 345 days in filing the connected L.A. Appeal against the judgment and order dated 21.12.2019 passed by the learned District Judge, Goalpara in L.A. (Reference) Case No.17/2013.
Mr. Das submits that the issue raised in the connected appeal is covered by a judgment of this Court rendered in the case of Hareswar Daimary & others Vs.
State of Assam and others reported in 2015 (2) GLT 750 . Therefore, the delay be condoned and the appeal be decided on merit.
Mr. R. K. D. Choudhury, learned DSGI appearing on behalf of respondent Nos.1 and 2 and Ms. M. Barman, learned Govt. Advocate, Assam appearing on behalf of respondent No.3 have submitted in their usual fairness that they would have no objection if the delay is condoned and the appeal is decided on merit.
In view of the above and having regard to the explanation furnished in the application, the delay of 345 days in preferring the connected appeal is hereby condoned.
Registry to register the connected appeal and list for admission.
I.A. stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the delay of 345 days in filing the connected Limitation Appeal should be condoned under Section 5 of the Limitation Act, 1963.
Colour shows how this judgement treated each authority
Hareswar Daimary & others Vs. State of Assam and othersReferred¶19
2015 (2) GLT 750
1 provisions across 1 enactments
Palomina Marak
The General Manager and 2 ORS. North East Frontier Railway
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
