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2025 DAILYLAW 14936 (GAU)

RAMESH CHANDRA DAS v. LAKHI KANTA SUTRADHAR

MC/30/2025 · 2025-08-17

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010139532025 2025:GAU-AS:10898 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/30/2025 RAMESH CHANDRA DAS S/O- LATE RAMA KANTA DAS, R/O- VILLAGE- DAKHIN JUNGALPARA, MOUZA- DAKUA, P.S.- TANGLA, DISTRICT- UDALGURI, BTAD ASSAM, PIN- 784521. VERSUS LAKHI KANTA SUTRADHAR S/O- LATE GEP CHANDRA SUTRADHAR, R/O- VILLAGE- DAKHIN JUNGALPARA, MOUZA- DAKUA, P.S. TANGLA, DISTRICT- UDALGURI, BTAD ASSAM, PIN- 784521. Advocate for the Petitioner : MD. B HUSSAIN, MR A H TOUFIQ Advocate for the Respondent : , Linked Case : CRP(IO)/293/2023 RAMESH CHANDRA DAS S/O- LATE RAMA KANTA DAS R/O- VILLAGE- DAKHIN JUNGALPARA MOUZA- DAKUA P.S.- TANGLA DISTRICT- UDALGURI BTAD ASSAM PIN- 784521. Page No.# 2/3 VERSUS LAKHI KANTA SUTRADHAR S/O- LATE GEP CHANDRA SUTRADHAR R/O- VILLAGE- DAKHIN JUNGALPARA MOUZA- DAKUA P.S. TANGLA DISTRICT- UDALGURI BTAD ASSAM PIN- 784521. ------------ Advocate for : MD. B HUSSAIN Advocate for : MR. R C SAIKIA appearing for LAKHI KANTA SUTRADHAR BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 18.08.2025 Heard Mr. B. Hussain, learned counsel appearing on behalf of the applicant. It appears that the connected civil revision petition was dismissed for non- prosecution on 30.04.2025. The present application under Order 9 Rule 9 of the Code of Civil Procedure, 1908, praying for setting aside of the order, dated 30.04.2025, and restore the connected civil revision petition, to file. Md. Hussain, learned counsel for the applicant, has submitted that on 30.04.2025, he was out-of-station having gone to Delhi for some urgent indispensable work and an application regarding his ‘leave of absence’ w.e.f. 28th of April, 2025, till 2nd of May, 2025, was reflected in the Cause List of 30th April, 2025. Page No.# 3/3 Having considered the grounds urged and being satisfied that sufficient cause has been shown for non-appearance on behalf of the applicant, on 30.04.2025; this Court is of the view that the applicant should not be prejudiced by dismissal of the connected civil revision petition for non-prosecution. Accordingly, the application is allowed. The order, dated 30.04.2025, dismissing the said civil revision petition for non-prosecution, is hereby set aside. The connected civil revision petition being CRP(IO)293/2023, is restored to its original File and number. Registry shall list the connected civil revision petition being CRP(IO)293/2023, for admission after 3(three) weeks. JUDGE Comparing Assistant