Page No.# 1/4 GAHC040013872023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/172/2023 Kule Dada S/O Late Loku Dada, R/o Tabri Dada, PO/PS Chayangtajo, East Kameng District, Arunachal Pradesh, Presently residing at Type II Colony, Seppa, PO/PS Seppa, East Kameng, Arunachal Pradesh. M No. 6909667240 VERSUS Tara Bagang and 2 Ors S/o Late Sama Bagang, R/o Jayang Bagang Village, P.O/P.S Chayangtajo, East Kameng Arunachal Pradesh. 2:Dinnong Cheda @ Santosh Cheda Age: 0 Occupation : S/o Mr. Bolo Cheda presently residing at Shantipur Colony P.O/P.S Seppa East Kameng District Arunachal Pradesh. 3:Logo Tajo Age: 0 Occupation : S/o Mr. Namkam Tajo Presently residing at main bazaar line back side near residence of Mr. Aka Tok P.O/P.S Seppa East Kameng District Arunachal Pradesh Advocate for the Petitioner : Vijay Jamoh, S Tsering,Kaling Mibang,Bakar Dulom,B Padung Advocate for the Respondent : Abhai Kumar Singh, Tsering Nyima,Nabam Kakum,Takar Bagang Page No.# 2/4 -BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG 18.06.2025 Heard Mr. V. Jamoh, learned counsel for the applicant and also heard Mr. A. K. Singh, learned counsel for the sole respondent. None one appears on behalf of the proforma respondents 2. This is an application under Order 41 Rule 3A of CPC read with Section 5 of the Limitation Act for condoning the delay of 501 days in filing the connecting appeal against the ex-parte judgment and decree dated 25.02.2022 passed by the Civil Judge (Senior Division) Seppa, in Money Suit No. 15/2021. 3. The grounds for not preferring the connected appeal on time have been explained in Paragraph Nos. 2 & 3 of the application. 4. Mr. Jamoh, learned counsel for the applicant submits that the suit was decreed ex-parte, directing the petitioner to pay a sum of Rs.58,25,000/- at the rate of interest rate of 18% per annum. The applicant contends that he came to know about the ex-parte Decree only when the Civil warrant was served upon him in September, 2022. Thereafter, he could not immediately take steps to file the appeal as he was undergoing medical treatment for mental illness due to infection of COVID-19, and thereafter, he faced various medical problems which left his movement very difficult. He was also under ‘acupuncture integrated Rehab Centre’ at Itanagar from 02.04.2022 to 12.04.2023. 5. The delay according to the applicant, was neither deliberate nor intentional. Page No.# 3/4 6. On the other hand, Mr. A. K. Singh, learned counsel for the decree holder/opposite party filed objection contending that the applicant has failed to provide day-to-day explanation for the delay and that the reasons assigned are vague and insufficiency to warrant condonation. 7. I have heard the learned counsels for both parties and perused the materials on records. 8. It is well settled that in the matter of condonation of delay, court ought to adopt a liberal approach where sufficient cause is made out, particularly where denial of condonation would result in miscarriage of justice, The Hon’ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji, reported in (1987) 2 SCC 107, has emphasized that substantial justice deserves to be preferred over technicalities. 9. In the present case, though there is some absence of day-to-day detail explanation, the applicant’s circumstances involving medical ailments including Covid-related mental illness and under acupuncture integrated Rehab Centre’ at Itanagar, constitute sufficient cause for not preferring the appeal on time. Furthermore, since the suit was decreed ex-parte, the applicant deserved an opportunity to contest the decree on merits in the interest of justice. 10. Accordingly, the delay of 501 days in filing the appeal is hereby condoned, however, subject to condition that the applicant shall deposit a sum of Rs.15,000/- before the Registry of this Court. 11. The amount so deposited, in turn shall be deposited to the accounts of Gauhati High Court Itanagar Permanent Bench Bar Association. 12. Since, the appeal is already registered, it shall be listed for admission Page No.# 4/4 after deposition of the amount by the appellant. 13. With the above, the application stands allowed and disposed of. JUDGE Comparing Assistant