Nava Kumar Bora v. Smti Geeti Bora

Gauhati HC2 Jun 2025I.A.(Civil)/536/2025

Case brief

AI extract

What is this about?

Condonation of delay; 46 days; section 5 Limitation Act; Order 41 Rule 22 CPC; Cross Objection; FAO No.71/2024; sufficient cause; order dated 20.09.2024; Civil Judge Sr. Division No.1 Kamrup (M) Guwahati; Nava Kumar Bora; Purabi Bora; Krishna Choudhury; Geeti Bora; Kaushik Bora; Gauhati High Court; Budi Habung, J.; I.A.(Civil)/536/2025; decided 03.06.2025.

What did the court decide?

Condonation of the 46-day delay in filing the connected Cross Objection in FAO No.71/2024; the I.A. stands disposed of with that direction. ¶¶26

Nava Kumar Bora Vs Smti Geeti Bora — Gauhati HC (2025) — LawSathi Research

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GAHC010206292024

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

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Case No. : I.A.(Civil)/536/2025

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NAVA KUMAR BORA S/O LATE KESHAB RAM BORA RESIDENT OF BORA SERVICE STATION COMPLEX N.K B BUILDING ULUBARI PS PALTAN BAZAR PO ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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2: SMTI PURABI BORA W/O LATE KARTIK BORA RESIDENT OF HOUSE NO. 1 SANI RAM BORA PATH BORA SERVICE ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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3: SMTI KRISHNA CHOUDHURY W/O SRI ANANTA CHOUDHURY D/O LATE KESHAB RAM BORA RESIDENT OF HOUSE NO. 53 COLLEGE ROAD BELTOLA GUWAHATI 781028. KAMRUP M ASSAM VERSUS

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SMTI GEETI BORA

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W/O LATE DEBA KUMAR BORA RESIDENT OF BORA SERVICE COMPLEX ULUBARI GUWAHATI 781007 KAMRUP M ASSAM

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2:SRI KAUSHIK BORA S/O LATE DEBA KUMAR BORA

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GRANDSON OF LATE KESHAB RAM BORA

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RESIDENT OF BORA SERVICE COMPLEX ULUBARI GUWAHATI 781007 KAMRUP M ASSAM -----------Advocate for : MR. R K BHUYAN Advocate for : MR. P KHATANIAR appearing for SMTI GEETI BORA

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BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 03.06.2025

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Heard Mr. J.C. Chaudhury, learned counsel for the applicants.

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This is an application filed under section 5 of the Limitation Act for condonation of delay of 46 days in filing the connected Cross Objection under Order 41 Rule 22 of the CPC in FAO No.71/2024 against the order dated 20.09.2024 passed by the learned Civil Judge, Sr. Division No.1 Kamrup (M), Guwahati.

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The grounds for delay in filing the connected Cross Objection have been explained in paragraphs 8 and 9 of the application.

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Having heard the learned counsel for the applicants and on perusal of the grounds stated in the aforesaid paragraphs, this Court is of the opinion

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that the applicants was prevented by sufficient cause in filing the connected Cross Objection within time.

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The learned counsel for the respondents/appellants has no objection for condonation of delay.

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In view of the above, the delay of 46 days is hereby condoned.