SRI RATANLAL AGARWALLA AND ANR. v. SMTI SASHI DEVI JALAN
CRP/98/2024 · 2025-06-01
Devashis Baruah
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17348 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17348 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010175962022
2025:GAU-AS:7159
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/98/2024 SRI RATANLAL AGARWALLA AND ANR.
S/O LATE DULI CHAND AGARWALLA, R/O PANBARI, P.O.- PANITOLA, P.S. AND DISTRICT- TINSUKIA, ASSAM.
2: SRI SHIVA KUMAR AGARWALLA S/O LATE DULI CHAND AGARWALLA
R/O A.T. ROAD P.O.- PANITOLA P.S. AND DISTRICT- TINSUKIA ASSAM VERSUS SMTI SASHI DEVI JALAN W/O SRI ISHWAR PRASAD JALAN, R/O A.T. ROAD, HIJUGURI, P.O.- HIJUGURI, DISTRICT- TINSUKIA, ASSAM. For the Petitioner(s) : Mr. N. Thakuria, Advocate
For the Respondent(s) : Mr. P. Mazumder, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 02.06.2025
The instant revision petition is directed against the order
Page No.# 2/2 dated 09.05.2011 passed by the learned Court of the Civil Judge, Tinsukia in Miscellaneous Appeal No. 7/2010 whereby the order dated 23.02.2010 passed by the learned Court of the Munsiff No. 1, Tinsukia in Misc (J) Case No. 35/2009 refusing to set aside the ex-parte order was affirmed.
2. The delay in preferring the instant application was of 4037 days, for which, an application was filed being I.A.(Civil) No. 3156/2022. The said application was allowed by the learned Coordinate Bench of this Court vide an order dated 22.08.2024.
3. Being aggrieved, the respondent herein had preferred a Special Leave Petition before the Supreme Court. The Supreme Court upon granting leave in the special leave petition being SLP(C) No. 27360/2024 which was renumbered as Civil Appeal No. 5203/2025 allowed the said appeal, thereby setting aside the order dated 22.08.2024 passed in I.A.(Civil) No. 3156/2022.
4. Taking into account the above, therefore, the instant revision application is barred by limitation, for which, the present revision proceedings cannot be proceeded with. Accordingly, the instant revision petition stands dismissed.
JUDGE Comparing Assistant