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2025 DAILYLAW 8040 (GAU)

NAVA KUMAR BORA v. SMTI GEETI BORA

I.A.(Civil)/536/2025 · 2025-06-02

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010206292024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/536/2025 NAVA KUMAR BORA S/O LATE KESHAB RAM BORA RESIDENT OF BORA SERVICE STATION COMPLEX N.K B BUILDING ULUBARI PS PALTAN BAZAR PO ULUBARI GUWAHATI 781007 KAMRUP M ASSAM 2: SMTI PURABI BORA W/O LATE KARTIK BORA RESIDENT OF HOUSE NO. 1 SANI RAM BORA PATH BORA SERVICE ULUBARI GUWAHATI 781007 KAMRUP M ASSAM 3: SMTI KRISHNA CHOUDHURY W/O SRI ANANTA CHOUDHURY D/O LATE KESHAB RAM BORA RESIDENT OF HOUSE NO. 53 COLLEGE ROAD BELTOLA GUWAHATI 781028. KAMRUP M ASSAM VERSUS SMTI GEETI BORA Page No.# 2/3 W/O LATE DEBA KUMAR BORA RESIDENT OF BORA SERVICE COMPLEX ULUBARI GUWAHATI 781007 KAMRUP M ASSAM 2:SRI KAUSHIK BORA S/O LATE DEBA KUMAR BORA GRANDSON OF LATE KESHAB RAM BORA RESIDENT OF BORA SERVICE COMPLEX ULUBARI GUWAHATI 781007 KAMRUP M ASSAM ------------ Advocate for : MR. R K BHUYAN Advocate for : MR. P KHATANIAR appearing for SMTI GEETI BORA BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 03.06.2025 Heard Mr. J.C. Chaudhury, learned counsel for the applicants. This is an application filed under section 5 of the Limitation Act for condonation of delay of 46 days in filing the connected Cross Objection under Order 41 Rule 22 of the CPC in FAO No.71/2024 against the order dated 20.09.2024 passed by the learned Civil Judge, Sr. Division No.1 Kamrup (M), Guwahati. The grounds for delay in filing the connected Cross Objection have been explained in paragraphs 8 and 9 of the application. Having heard the learned counsel for the applicants and on perusal of the grounds stated in the aforesaid paragraphs, this Court is of the opinion Page No.# 3/3 that the applicants was prevented by sufficient cause in filing the connected Cross Objection within time. The learned counsel for the respondents/appellants has no objection for condonation of delay. In view of the above, the delay of 46 days is hereby condoned. With the above, this I.A. stands disposed of. JUDGE Comparing Assistant