Page No.# 1/4 GAHC010180652021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/362/2022 NAZIA BIBI @ NILIMA BIBI AND ANR. W/O MD. FAZIR ALI @ FAJIR ALI, RESIDENT OF VILLAGE NO. 2 MAKALI, PS BOKO, DIST KAMRUP, ASSAM 2: MD. FAZIR ALI @ FAJIR ALI S/O IYAZ ALI RESIDENT OF VILLAGE NO. 2 MAKALI PS BOKO DIST KAMRUP ASSA VERSUS SUNAM ALI AND 2 ORS. S/O KITAB ALI RESIDENT OF VILLAGE SATGAON, GUWAHATI, DIST KAMRUP M ASSAM 781027 (OWNER OF VEHICLE NO. AS-02-E-8338) 2:AZAHAR ALI S/O INTAZ ALI RESIDENT OF MANGALDAI DIST DARRANG ASSAM (DRIVER OF VEHICLE NO. AS-02-E-8338) 3:M/S UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS REGIONAL MANAGER KHARUPATIA MICRO OFFICE BRANCH (INSURER OF VEHICLE NO. AS-02-E-8338 Page No.# 2/4 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA,MS P SARMA Advocate for the Respondent : MR. K K BHATTA (r-3), Linked Case : NAZIA BIBI @ NILIMA BIBI AND ANR. VERSUS SUNAM ALI AND 2 ORS. H ------------ Advocate for : MR. S K GOSWAMI Advocate for : appearing for SUNAM ALI AND 2 ORS. H BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 21.05.2026 1. Heard Mr. S. K. Goswami, the learned counsel for the applicants. Also heard Mr. K. K. Bhatta, the learned counsel for the respondent No.3. 2. The learned counsel for the applicants submits that in spite of attempt being made by the applicants, notices could not be served upon the respondent Nos. 1 and 2 by dasti mode. He submits that the respondent Nos. 1 and 2 did not appear before the Tribunal also and the enquiry proceeded ex-parte against them thereto. Page No.# 3/4 3. He, therefore, submits that in the instant Interlocutory Application, the notices to the said respondents may be waived under Order 41 Rule 14 (4) of the Code of Civil Procedure, 1908. 4. The prayer is not objected to by the learned counsel for the respondent No. 3. 5. I have perused the records, which indicates that the enquiry proceeded ex-parte against the aforesaid respondents before the Motor Accident Claim Tribunal No. 3, Kamrup (Metro). 6. Hence, notice to them in this Interlocutory Application is, hereby, waived. 7. This Interlocutory Application under Section 5 of the Limitation Act, 1963 has been filed by the applicants with a prayer for condonation of delay of 217 days in preferring the connected appeal whereby judgment dated 07.05.2019, passed by the Motor Accident Claims Tribunal No.3, Kamrup (Metro) in MAC Case No. 1557/2015 has been impugned. 8. The learned counsel for the applicants submits that the applicant have stated the reasons for delay in Paragraph No. 3 of the instant Interlocutory Application. 9. Mr. K. K. Bhatta, the learned counsel for the respondent No.3 submits that considering the grounds stated by the applicant in the instant Interlocutory Application, he does not have any objection to the prayer for condonation of delay made by the present applicants. Page No.# 4/4 10. I have gone through the records and have considered the submissions made by the learned counsel for both sides. 11. It appears that the reasons shown in Paragraph Nos.3 and 5 of the instant Interlocutory Application may be regarded as sufficient cause, which prevented the present applicant in filing the connected appeal within the prescribed period of limitation. 12. Accordingly, the delay of 217 days in preferring the connected appeal is, hereby, condoned and this Interlocutory Application is, allowed. 13. The Registry is directed to register the connected appeal and list the same admission after a week on a date to be fixed by it. 14. The name of Mr. K. K. Bhatta may be reflected as the engaged counsel for the respondent No.3 in the cause list, henceforth. JUDGE Comparing Assistant