Page No.# 1/4 GAHC010139552026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/132/2026 SRI DURGA KONWAR AND 3 ORS. S/O LATE BOGA KONWAR 2: SRI KHAGEN KONWAR S/O LATE BOGA KONWAR 3: SRI JITEN KONWAR S/O LATE BOGA KONWAR 4: SRI KHIROD KONWAR S/O LATE BOGA KONWAR ALL PETITIONERS ARE RESIDENTS OF VILLAGE BHALUKAGURI P.O. DHAKUAKHANA MOUZA DHAKUAKHANA DISTRICT LAKHIMPUR ASSA VERSUS SRI ROBIN KONWAR AND 9 ORS. S/O LATE GUNO KONWAR 2:SRI BABA KONWAR S/O LATE GUNO KONWAR 3:SRI POKA KONWAR S/O LATE GUNO KONWAR ALL ARE R/O. VILLAGE BALIGAON P.O. DHAKUAKHANA MOUZA DHAKUAKHANA DISTRICT LAKHIMPUR ASSAM 787055 4:SRI KATIYA KONWAR S/O. LT. BASANTA KONWAR Page No.# 2/4 5:SRI MANIK KONWAR S/O. LT. BASANTA KONWAR ALL ARE R/O. VILLAGE KHAMON KONWAR GAON P.O. DHAKUAKHANA MOUZA DHAKUAKHANA DISTRICT LAKHIMPUR ASSAM 787055 6:SRI DIPAK KONWAR S/O. LT. BASANTA KONWAR 7:SRI KAMAL KONWAR S/O. LT. BASANTA KONWAR ALL ARE R/O. VILLAGE BALIGAON P.O. DHAKUAKHANA MOUZA DHAKUAKHANA DISTRICT LAKHIMPUR ASSAM 787055 8:SMTI TENGADOI KONWAR W/O. LT. ROMA KONWAR 9:SRI PITOU KONWAR W/O. LT. ROMA KONWAR 10:SRI PALASH KONWAR S/O. LT. ROMA KONWAR ALL ARE R/O. TOWN TINIALI P.O. DHAKUAKHANA MOUZA DHAKUAKHANA DISTRICT LAKHIMPUR ASSAM 78705 Advocate for the Petitioner : NAYANMONI KALITA, MR. U DUTTA,MR. T GOGOI,MR. B. KUMAR Advocate for the Respondent : , Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.08.2026 Heard Mr. T R Gogoi, the learned counsel appearing for the appellants. 2. This is a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 challenging the impugned order dated 01.04.2026 passed by the learned Civil Judge (Senior Division), Lakhimpur, North Lakhimpur in Misc. (J) Case No. 28/2025. 3. The appellants after a delay of only 28 days filed an application praying for condonation of the delay for preferring the First Appeal. The learned Court below refused to condone the delay and dismissed the application under Section 5 of the Limitation Act, 1963. 4. I have gone through the impugned order dated 01.04.2026 passed by the learned Civil Judge (Senior Division), Lakhimpur, North Lakhimpur in Misc. (J) Case No. 28/2025. 5. This Court is of the opinion that the learned Court below has taken a very strict approach while considering the prayer for condonation of delay. This Court is of the opinion that the delay has been satisfactorily explained. It is also settled position of law that while considering the prayer under Section 5 of the Limitation Act, the Court should have a very strict approach. A First Appeal is a valuable right of the litigant. 6. I have considered the submissions of the learned counsel of both sides. 7. Therefore, the impugned order dated 01.04.2026 passed by the learned Civil Judge (Senior Division), Lakhimpur, North Lakhimpur in Misc. (J) Case No. 28/2025 Page No.# 4/4 is set aside. 8. The delay is condoned. 9. The case is remanded back to the Court of the learned Civil Judge (Senior Division), Lakhimpur, North Lakhimpur for admission of the Appeal. The Trial Court after admission of the Appeal shall dispose of the same after hearing both sides. With the aforesaid direction, the Regular Second Appeal stands disposed of accordingly. JUDGE Comparing Assistant