Allowed

Sk Sahidur Rahman @ Sahidur Rahman v. the State of Assam and 2 Ors.

Gauhati HC16 Sept 2024MC/66/2024

Case brief

AI extract

What is this about?

The Gauhati High Court restored a writ petition dismissed for default on the ground that the petitioner's counsel was unable to attend due to heavy rainfall. The court allowed restoration subject to a deposit of Rs. 5,000/-.

What did the court decide?

Restoration of WP(C) No. 3457/2022 to its original position as of 11.09.2024 subject to deposit of Rs. 5,000/-.

Sk Sahidur Rahman @ Sahidur Rahman Vs the… — Civil Procedure and Limitation | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010191952024

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

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Case No. : MC/66/2024

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SK SAHIDUR RAHMAN @ SAHIDUR RAHMAN SON OF SK. ABDUL MANNA, R/O- VILL- BAKRIHAWAR PART-VIII, P.S.ALGAPUR, DIST- HAILAKANDI, ASSAM, PIN- 788101.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI781006.

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2:STATE LEVEL POLICE RECRUITMENT BOARD ASSAM REPRESENTED BY ITS CHAIRMAN MADHAB DEVPUR REHABARI GUWAHATI- 781008 GROUND FLOOR OF APHC BUILDING.

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3:SUPERINTENDENT OF POLICE HAILAKANDI PIN- 78815

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Advocate for the Petitioner : MR F Z MAZUMDER,

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Advocate for the Respondent : GA, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 17.09.2024

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Heard Mr. F. Z. Mazumder, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate for the State respondents.

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This is an application under Order XXI Rule 106 of CPC for restoration of WP(C) No. 3457/2022 which was dismissed for default vide order dated 11.09.2024.

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The facts of the case is that when the matter was posted for admission hearing on 11.09.2024, since the engaged counsel was not present when the matter was called, this Court upon observing that the counsel was also absent on the last date when the matter was called, dismissed the matter for default by order dated 11.09.2024.

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Mr. F. Z. Mazumder, learned counsel for the petitioner submits that because of heavy shower around 10.30 A.M on 11.09.2024, he could not attend the Court on time and by the time he reached, the matter was already dismissed and accordingly seeks restoration of the matter.

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Mr. D. Borah, learned Government Advocate, Assam submits that he has received no instruction to object to the said prayer.

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Heard both the parties.

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It appears that the petitioner’s counsel due to the heavy

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shower on 11.09.2024 could not reach the Court when the matter was called which the matter was dismissed for non-prosecution.

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The aforesaid reason appears to be sufficient for restoration.

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Accordingly WP(C) No. 3457/2022 is restored to its original position as it was on 11.09.2024 subject to the condition that the petitioner shall deposit the amount of Rs. 5000/- to Gauhati High Court (Principal Seat) Employees Association.

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Allowed.

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JUDGE

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Comparing Assistant

Sk Sahidur Rahman @ Sahidur Rahman v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Sk Sahidur Rahman @ Sahidur Rahman v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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