The High Court allowed the applicant's prayer to condone a 49-day delay in filing the appeal under Section 5 of the Limitation Act, directing registration and subsequent admission答辩.
Condonation of delay of 49 days in filing the appeal; registration of appeal directed.
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GAHC010096912023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1244/2023
AMULYA PRASAD SAIKIA S/O LT. KERO SAIKIA, R/O GHUMUCHA BARI, P.O.- CHIRAM BANAMALI, P.S.- JENGRAIMUKH, PIN- 785105 IN THE DISTRICT OF MAJULI, ASSAM.
VERSUS
RUPALI NARAH AND 7 ORS. D/O- JUNARAM NARAH, R/O- VILL- NA BHANGA MUK, P.O.- CHIRAM BONAMALI, BLOCK- KAMALABARI, PIN- 785105, DIST.- MAJULI, ASSAM.
2:THE COMMISSIONER AND SECRETARY DEPTT. OF ELEMENTARY EDUCATION GOVT. OF ASSAM DISPUR GUWAHATI- 06 ASSAM.
3:THE STATE LEVEL SCRUTINY COMMITTEE REP. BY THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI- 19 KAMRUP (M) ASSAM.
4:THE DISTRICT LEVEL SCRUTINY COMMITTEE MAJULI/JORHAT DISTRICT REP. BY THE DEPUTY COMMISSIONER MAJULI/JORHAT DISTRICT
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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER MAJULI/JORHAT DISTRICT- MAJULI PIN- 785104 ASSAM. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER MAJULI DIST.- MAJULI PIN- 785104 ASSAM. 7:DEVI RAM TAHU TUTOR NA BHANGA JANAJATI M.E. SCHOOL VILL- NA BHANGA MUKH P.O. CHIRAM BONAMALI BLOCK- KAMALABARI DIST.- MAJULI ASSAM PIN- 785105. 8:THAGIRAM DAS VILL- NA BHANGA MUKH P.O. CHIRAM BONAMALI BLOCK- KAMALABARI DIST.- MAJULI ASSAM PIN- 785105
Advocate for the Petitioner : MR. P MAHANTA
Advocate for the Respondent : GA, ASSAM
Linked Case : AMULYA PRASAD SAIKIA
VERSUS RUPALI NARAH AND 7 ORS. B
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For the Applicant : Mr. R.B. Gohain, Adv.
For the Opposite parties : Mr. R. Mazumdar, SC, Elem. Edu., Assam. Mr. D. Deka, Adv. Ms. M.D. Borah, GA, Assam.
BEFORE
HON’BLE THE CHIEF JUSTICE
THE HON’BLE MR. JUSTICE SUMAN SHYAM
12/02/2024 Vijay Bishnoi, CJ
As per the office report, notice upon the respondent no.1 is complete.
The matter comes upon for consideration of the application filed under section 5 of the Limitation Act with a prayer to condone the delay of 49 days in filing the present appeal.
Learned counsel appearing for the Opposite Party nos. 2 to 7 have not seriously opposed the application.
Having heard the learned counsel for the parties and after going through the contents of the application under section 5 of the Limitation Act, we deem it appropriate to condone the delay of 49 days in filing the present appeal. Hence, the application under section 5 of the Limitation Act is allowed. Delay in filing the present appeal is condoned.
Registry is directed to register the appeal and place it before this Court for admission after 3 (three) weeks.
In the meantime, parties may complete their pleadings.
IA stands disposed of.
JUDGE CHIEF JUSTICE
sukhamay
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Comparing Assistant
1 issue framed by the court
Whether the delay of 49 days in filing the appeal should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Amulya Prasad Saikia
Rupali Narah and 7 Ors.
The Commissioner and Secretary Deptt. of Elementary Education, Govt. of Assam
The State Level Scrutiny Committee
The District Level Scrutiny Committee
The District Elementary Education Officer
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
