Allowed

Mahammad Ali and Anr. v. Md. Salim Uddin and 2 Ors.

Gauhati HC17 Nov 2023MC/58/2023

Case brief

AI extract

What is this about?

The Gauhati High Court recalled an order dismissing a civil revision petition for non-prosecution. The petition was restored to file following counsel's inadvertent absence, and the miscellaneous case was allowed with directions to list the petition.

What did the court decide?

The order dated 05.06.2023 in CRP(I/O) No. 205/2022 was recalled and the petition restored to file.

Mahammad Ali and Anr. Vs Md. Salim Uddin and… — Civil Procedure and Limitation | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010149042023

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

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Case No. : MC/58/2023

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MAHAMMAD ALI AND ANR S/O- LATE ABBAS BEPARI, RESIDENT OF VILLAGE- BHERALDI, MOUZA- BARPETA, ASSAM, PIN- 781311.

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2: KHOWAZ UDDIN S/O- LATE ABBAS BEPARI

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RESIDENT OF VILLAGE- BHERALDI

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MOUZA- BARPETA ASSAM PIN- 781311

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VERSUS

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MD. SALIM UDDIN AND 2 ORS

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S/O- LATE MONAI BEPARI, RESIDENT OF VILLAGE- BHERALDI, MOUZABARPETA, ASSAM, PIN- 781311.

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2:MD. PANCHU MIA S/O- LATE MONAI BEPARI

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RESIDENT OF VILLAGE- BHERALDI

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MOUZA- BARPETA ASSAM PIN- 781311.

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3:ON THE DEATH OF SANDU MIA HIS LEGAL HEIRS-

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3.1:FALANI BEGUM W/O- LATE SANDU MIA

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Page No.# 2/3

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RESIDENT OF VILLAGE- BHERALDI MOUZA- BARPETA ASSAM PIN- 781311. 3.2:NOSER ALI S/O- LATE SANDU MIA RESIDENT OF VILLAGE- BHERALDI MOUZA- BARPETA ASSAM PIN- 781311. 3.3:BOSER ALI S/O- LATE SANDU MIA

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RESIDENT OF VILLAGE- BHERALDI MOUZA- BARPETA ASSAM PIN- 781311

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Advocate for the Petitioner : MR. D MAZUMDAR

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Advocate for the Respondent : MR. A R SIKDAR

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BEFORE

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HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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17.11.2023

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Heard Mr. S Ali, learned counsel for the applicant and Mr. JA Sikdar, learned counsel for the opposite party.

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This miscellaneous case is for recalling the order dated 05.06.2023 in CRP(I/O) No. 205/2022 by which the civil revision petition was dismissed for non prosecution.

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Page No.# 3/3

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Mr. S Ali, learned counsel for the applicant raises a contention that on 05.06.2023 when the matter was listed before the Court, the learned counsel inadvertently missed out the item and therefore could not remain present in the Court.

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Mr. JA Sikdar, learned counsel for the opposite parties intends to file an objection and upon such submission, a query is put as to what kind of objection would be raised i.e. whether the stand that the learned counsel had inadvertently missed out the item is incorrect statement. No answer is forthcoming nor it can be reasonable expected that an objection can be raised that Mr. S Ali, learned counsel for the applicant has made a false statement and actually he had deliberately not appeared in the matter on the said date.

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In view of the above, the order dated 05.06.2023 in CRP(I/O) 205/2022 is recalled and accordingly, the CRP(I/O) No. 205/2022 is restored to file.

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Registry to list the civil revision petition for its consideration.

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The miscellaneous case is allowed.

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JUDGE

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Comparing Assistant

Mahammad Ali and Anr. v. Md. Salim Uddin and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mahammad Ali and Anr. v. Md. Salim Uddin and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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