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2025 DAILYLAW 14699 (GAU)

SUJITA KARMAKAR v. SUNUDHAR KARMAKAR AND ANR

I.A.(Civil)/1747/2021 · 2025-04-24

Budi Habung

body2025

Judgment text

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Page No.# 1/2 GAHC010134962021 2025:GAU-AS:5023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1747/2021 SUJITA KARMAKAR W/O LATE BASUDEV KARMAKAR, R/O VILL-BISONDOI PART-II (BARUNDANGA), P.S.-GOLAKGNAJ-783334, DIST- DHUBRI (ASSAM) VERSUS SUNUDHAR KARMAKAR AND ANR S/O SUNIL CHANDRA KARMAKAR, VILL-BISONDOI, P.S.-GOLAKGANJ- 783334, DIST-DHUBRI (ASSAM) 2:THE ORIENTAL INSURANCE COMPANY LTD. DHUBRI BRANCH REPRESENTED BY REGIONAL OFFICE GUWAHATI G.S. ROAD ULUBARI GUWAHATI-781007 (ASSAM Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : , Linked Case : SUJITA KARMAKAR Page No.# 2/2 VERSUS SUNUDHAR KARMAKAR AND ANR ------------ Advocate for : Advocate for : appearing for SUNUDHAR KARMAKAR AND ANR BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 25.04.2025 Heard Mr. A. K Agarwal, learned counsel for the applicant. The learned counsel for the applicant submits that he has filed MAC Appeal Serial No.(Filing No.)2621/2018. However the same was found defective for shortage of Court Fee of Rs.1.00/- (Rupees One) only. Earlier also he made application for the same, and the same was allowed. However, somehow it could be accomplished. By filing this application under Order XLI Rule 17 of CPC, the petitioner prays for allowing him to rectify the defect of the MAC. Appeal Serial No.(Filing No.)2621/2018, which was dismissed for not rectifying the defect vide order dated 17.05.2018. Prayer considered and allowed. The appellant is granted 1(one) week time to rectify the defect. Upon such rectification, the matter may be numbered and list for admission on a date to be fixed by the Registry. With the above observation, this I.A stands disposed. JUDGE Comparing Assistant