Application to condone a 77-day delay in filing a second appeal against a Title Appeal judgment. The court accepted the widow applicant's old-age ailments as sufficient cause, condoned the delay, directed registration of the appeal and listing under Order XLI Rule 11 CPC.
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GAHC010032852023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/781/2023
REKHA RANI CHAKRABORTY @ REKHA CHAKRABORTY W/O LATE JATINDRA CHANDRA CHAKRABORTY, RESIDENT OF A.O.C ROAD, BACK SIDE OF DEBODOT FURNITURE, PO SRIPURIA, PS AND DIST TINSUKIA, ASSAM 786125
VERSUS
MOTIULLAH AND 7 ORS.
S/O LATE MD.SANUALLAH, RESIDENT OF STATION ROAD, PO, PS AND DIST TINSUKIA, ASSAM 786125
2:MD. AMANULLAH
S/O LATE MD.SANUALLAH RESIDENT OF STATION ROAD PO
PS AND DIST TINSUKIA ASSAM 786125
3:MD. AZIZULLAH
S/O LATE MD.SANUALLAH RESIDENT OF STATION ROAD PO PS AND DIST TINSUKIA ASSAM 786125
4:SAJDA HASAN
W/O LATE MD.SAHADULLAH RESIDENT OF STATION ROAD PO PS AND DIST TINSUKIA ASSAM 786125
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5:SMTI SAZIA FATIMA D/O LATE MD.SAHADULLAH RESIDENT OF STATION ROAD PO PS AND DIST TINSUKIA ASSAM 786125
6:MISS SARA FATIMA D/O LATE MD.SAHADULLAH RESIDENT OF STATION ROAD PO PS AND DIST TINSUKIA ASSAM 786125
7:MD. JAVED S/O LATE MD.SANAULLAH RESIDENT OF STATION ROAD PO PS AND DIST TINSUKIA ASSAM 786125
8:MD. JAMSED S/O LATE MD.SANAULLAH RESIDENT OF STATION ROAD PO PS AND DIST TINSUKIA ASSAM 78612
Advocate for the Petitioner : MR. SAILENDRA DEKA
Advocate for the Respondent : MR. J DEKA (r-1)
Linked Case :
REKHA RANI CHAKRABORTY
VERSUS MOTIULLAH AND 7 ORS. A
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Advocate for the applicant(s): Mr. A Choudhury
Advocate for the respondent(s): Mr. DK Bagchi
B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
10.04.2024
This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 77 days in preferring the accompanying second appeal against the judgment dated 24.08.2022, passed by the learned Civil Judge, Tinsukia in Title Appeal No.05/2019.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the 77-day delay in filing a second appeal should be condoned under Section 5 of the Limitation Act.
2 provisions across 2 enactments
Rekha Rani Chakraborty @ Rekha Chakraborty
Motiullah
Md. Amanullah
Md. Azizullah
Sajda Hasan
Smti Sazia Fatima
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
