Page No.# 1/3 GAHC010269572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1307/2025 SURAJIT DEKA S/O SUKUMAR DEKA, R/O DANGARKUCHI, PS BARPETA, DIST BARPETA, ASSAM VERSUS RUBI DAS W/O SURAJIT DEKA,R/O HOWLY WARD NO 1, PS HOWLY, DIST BARPETA, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, R MALI,A MISHRA,MR. I U CHOWDHURY,MR SARFRAZ NAWAZ Advocate for the Respondent : , Linked Case : OTC/0/0 SURAJIT DEKA SO SUKUMAR DEKA RO DANGARKUCHI PS BARPETA DISTRICT BARPETA ASSAM VERSUS Page No.# 2/3 RUBI DAS WO SURAJIT DEKA RO HOWLY WARD NO 1 PS HOWLY DIST BARPETA ASSAM ------------ Advocate for : MD A RAHMAN Advocate for : appearing for RUBI DAS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.12.2025 1. Heard learned counsel Mr. S. Das for the applicant ‘X’ who has filed this application under Section 5 of the Limitation Act with prayer for condonation of delay of 3 days. Learned counsel for the applicant has laid stress in his argument for an ex-parte disposal of the petition as the delay is for only 3 days and not for any fault of the petitioner. 2. It is submitted that for the fault of Advocate, the petitioner should not suffer. It is also submitted on behalf of the petitioner that the engaged counsel for the petitioner was not aware that under Section 19(2) of the Family Court’s Act, appeal is expressly barred and a revision petition has to be filed if a person is aggrieved by an order passed by the Family Court under Chapter-IX of the Code of Criminal procedure, 1973. 3. It appears that there was no malafide on the part of the petitioner. No inaction is also discernable on the part of the petitioner. Sufficient grounds have been shown. Page No.# 3/3 4. Delay is hereby condoned. 5. In terms of the above observation, this IA stands disposed of. 6. Registry to register the connected appeal. JUDGE Comparing Assistant