The Gauhati High Court allowed the application for condonation of delay of 21 days in filing a restoration petition concerning WP(C)/456/2019 under Section 5 of the Limitation Act, 1963.
Delay of 21 days in filing the restoration petition is condoned; the interim application stands disposed of.
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GAHC040007672023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : IA(C) 105/2023
1:Yad Diyum and 8 Ors.
S/o Shri Jumya Diyum, resident of Kombo village, PO/PS Aalo, West Siang District, AP
2: Kirmin Sora
S/o Late Mekkir Sora permanent resident of Nyorak village West Siang Arunachal Pradesh
3: Tang Mongkhya
S/o Shri Tayu Monghya permanent resident of Seppa PO/PS Seppa East Kameng District AP
4: Takar duping
S/o Tatum Duping permanent resident of village Puak Gumin PO/PS Aalo West Siang District AP
5: Goi Basar
S/o Late Ligo Basar permanent resident of village Basar
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PO/PS Basar West Siang District AP
6: Nima Norbu Karma
S/o Norbu Jatso permanent resident of Lungdur village PO/PS Kalaktang District West Kameng AP
7: Obey Maga
permanent resident of Raga PO/PS Raga District Kamle Arunachal Pradesh
S/o Late Tabin Nirin permanent resident of aki Nirin village PO/PS Daporijo Upper Subansiri District AP
S/o Late Sange Naksang permanent resident of Hallung village PO/PS Mechuka District Shi-Yomi A VERSUS
1:The State of AP and 3 Others represented by the Chief Secretary, Govt. of AP,. Itanagar 2:The Commissioner/Secretary Arunachal Pradesh Staff Selection Board (APSSB) Govt. of AP
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3:The Secretary Administrative Reform(AR) Department Govt. of AP Itanagar
4:The Director General of Police (PHQ) Govt. of AP Itanaga
Advocate for the Petitioner : Taba Topu
Advocate for the Respondent : GA (AP)
BEFORE
HONBLE MR. JUSTICE KARDAK ETE
ORDER
Date : 14-06-2023
Heard Mr. T. Topu, learned counsel for the applicants also heard Mr. S. Tapin, learned Senior Government Advocate for the respondents.
This application under Section 5 of the Limitation Act, 1963 has been filed praying for condonation of delay of 21 days in filing the restoration application of WP(C)/456/2019 which was dismissed on 21.04.2023 for non-prosecution.
Having heard the learned counsel for the parties and on perusal of the cause shown by the applicants, this Court is satisfied that sufficient cause has been shown, which has prevented the applicants from filing the restoration application within time for restoration of WP(C)/456/2019 which was dismissed on 21.04.2023 for non-prosecution.
In view of the above, the delay of 21 days in filing the restoration petition
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is condoned.
The IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether sufficient cause has been shown for condonation of a 21-day delay in filing a restoration application dismissed for non-prosecution.
1 provisions across 1 enactments
Yad Diyum and 8 Ors.
The State of AP and 3 Others
Kardak Ete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
