Page No.# 1/6 GAHC010013192023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/239/2023 ANOWARA BEGUM CHOUDHURY D/O- LATE AZIZUR RAHMAN BORBHUYA, W/O- AZIR UDDIN CHOUDHURY, RESIDENT OF KUCHILA, P.S. AND DIST.- HAILAKANDI (ASSAM), PIN- 788151. VERSUS NURUL HUDA BORBHUIYA AND 14 ORS S/O- LATE AZIZUR RAHMAN BORBHUIYA, R/O- RANGAUTI, WARD NO. 1, HAILAKANDI MUNUCIPALITY, P.O. AND P.S. AND DIST.- HAILAKANDI (ASSAM), PIN- 788151. 2:IBADUR RAHMAN S/O- ABDUL KHALIK LASKAR RESIDENT OF NS ROAD WARD NO. 2 PS AND DIST.- HAILAKANDI PIN- 788151. 3:RAJIB BHOWMIK S/O- LATE CHITRA RANJAN BHOWMIK R/O- LAKHISAKAR WARD NO. 14 Page No.# 2/6 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. 4:BHABASANKA BHOWMIK S/O- LATE CHITRA RANJAN BHOWMIK R/O- LAKHISAKAR WARD NO. 14 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. 5:DWIPANU BHOWMIK S/O- LATE CHITRA RANJAN BHOWMIK R/O- LAKHISAKAR WARD NO. 14 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. 6:SMTI. LIPIKA BHOWMIK D/O- LATE CHITTA RANJAN BHOWMIK R/O- LAKHISAKAR WARD NO. 14 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. 7:SMTI. MOUSHUMI BHOWMIK D/O- LATE CHITTA RANJAN BHOWMIK R/O- LAKHISAKAR WARD NO. 14 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. Page No.# 3/6 8:SMTI. ANIMA BHOWMIK W/O- LATE CHITTARANJAN BHOWMIK R/O- LAKHISAKAR WARD NO. 14 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. 9:ANOWAR HUSSAIN S/O ALI HUSSAIN MAZUMDAR GACHTOLA WARD NO. 1 HAILAKANDI TOWN P.O. P.S. AND DIST.- HAILAKANDI. PIN- 788151. 10:ISLAM UDDIN BORLASKAR S/O- MUSSANIR ALI BORLASKAR RESIDENT OF RANGAUTI PT-1 P.O.- RANGAUTI P.S. AND DIST.- HAILAKANDI. PIN- 788151. 11:MUSTT. ROCHMA BEGUM W/O- ANAM UDDIN BORBHUIYA RESIDENT OF HAILAKANDI TOWN WARD NO.1 ENGLIPAR P.S. AND DIST.- HAILAKANDI ASSAM. PIN- 788151. 12:MUSTT. ARCHIA BEGUM BORBHUIYA D/O- ANAM UDDIN BORBHUIYA Page No.# 4/6 RESIDENT OF HAILAKANDI TOWN WARD NO.1 ENGLIPAR P.S. AND DIST.- HAILAKANDI ASSAM. PIN- 788151. 13:MONIOWARA BEGUM BORBHUIYA D/O- LT. AZIZUR RAHMAN BORBHUIYA W/O- LIAKOT ALI LASKAR VILL. P.O. AND P.S.- LALA DIST.- HAILAKANDI. PIN- 788163. 14:JAHANARA BEGIM BORBHUIYA D/O- AZIZUR RAHMAN BORBHUIYA W/O- MOINUL HOQUE BORBHUIYA R/O- GHARMURA (TILLASBAK) P.O.- JAMIRA P.S.- KATLICHARA DIST.- HAILAKANDI ASSAM. PIN- 788162. 15:KULSUMA BEGUM BORBHIYA W/O- SIRAJ UDDIN MAJUMDAR R/O- VILL- NISCHINTAPUR PO- MANACHERRA PS AND DIST.- HAILAKANDI ASSAM PIN- 788164 Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED Advocate for the Respondent : , Page No.# 5/6 BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 08-12-2025 Heard learned counsel for the applicant Mr. S.K. Ghosh. 2. The Office Note dated 09.06.2025 indicates that the notices on respondent nos. 1, 2, 3, 9 & 10 have been received by the respondents themselves. Further service of notice on respondent nos. 4 & 8 are received by respondent no. 3 and notices on respondent nos. 11 to 15 have been received by respondent no. 1. Accordingly notices on respondents are deemed to be complete. 3. However, when the matter is called, none appears for the respondents. 4. The present application has been filed u/s 5 of the Limitation Act praying for condonation of delay of 2 days in filing the connected civil revision which has been filed against the order dated 03.09.2022 passed in Tile Suit No. 76/2020 by the learned Munsiff No. 1, Hailakandi. 5. The main reason for the delay has been reflected in paragraph 3 of the application wherein it is stated that on the next date fixed on 03.09.2022 the plaintiff/respondent no. 1 had filed a petition No. 526/2001 under Order 23 Rule 1(3) of the CPC praying to withdraw the Title Suit No. 76/2020 and further seeking permission to institute a fresh one without serving the copy of the said petition to the petitioner who was the main defendant. However, copy of the said petition was served upon the counsel for the Proforma Respondent and the same was received under objection and the learned Trial Court without considering the same allowed the petition on the same date on 03.09.2022 Page No.# 6/6 directing respondents to make payment of cost of Rs. 5,000/- of the defendant and Rs. 3,000/- to the District Legal Service Authority, Hailakandi. 6. The learned counsel submits that the revision has been filed on 06.12.2022 though it ought to have been filed before 05.12.2022. However, on 05.12.2022 though the case was ready but due to medical problem, the counsel could not file the same on 05.12.2022, therefore causing delay of 2 days in filing the revision. 7. Sufficient cause has been shown by the applicant for the delay the 2 days and hence the application is allowed. 8. Registry is hereby directed to number the civil revision no. and list the matter for motion after the winter vacation. JUDGE Comparing Assistant