Page No.# 1/3 GAHC010251102023 2026:GAU-AS:699 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3573/2023 CHIRAT RAM RABIDAS S/O LATE CHURATH RABIDAS, VILLAGE BHUTORDOLONI, PS AND PO BIHPURIA, DIST NORTH LAKHIMPUR, ASSAM 784161 VERSUS BAN HAZARIKA AND 5 ORS. S/O LATE HEMA HAZARIKA VILLAGE BHUTORDOLONI, PS AND PO BIHPURIA, DIST NORTH LAKHIMPUR, ASSAM 784161 2:SRI DULU SHARMA S/O LATE SUBHAN SHARMA RESIDENT OF VILLAGE DHOLPUR PO DHOLPUR PS BIHPURIA DIST NORTH LAKHIMPUR ASSAM 784165 3:SRI SANJIB DUWARA S/O SRI PRAFULLA DUWARA RESIDENT OF VILLAGE DHOLPUR PO DHOLPUR PS BIHPURIA DIST NORTH LAKHIMPUR ASSAM 784165 4:SRI JYOTISH BORUAH S/O LATE PURANDAR BORUAH Page No.# 2/3 RESIDENT OF VILLAGE DHOLPUR PO DHOLPUR PS BIHPURIA DIST NORTH LAKHIMPUR ASSAM 784165 5:SRI TAPAN BANIYA S/O LATE BUPARAM BANIYA RESIDENT OF VILLAGE DHOLPUR PO DHOLPUR PS BIHPURIA DIST NORTH LAKHIMPUR ASSAM 784165 6:SRI NITUMONI BORUAH S/O LIKHESWAR BORUAH RESIDENT OF VILLAGE NO. 3 NIMORI PO DHOLPUR PS BIHPURIA DIST NORTH LAKHIMPUR ASSAM 78416 Advocate for the Petitioner : MR. S CHAUHAN, MR. P MAZUMDER,MR. A R SHOME,R DEB,M. BORUAH,MR N ALAM Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21-01-2026 Heard Mr. S. Chauhan, the learned counsel for the applicant/appellant. 2. From the order dated 07.08.2024 it seems that the Lawazima Court has passed an order wherefrom it is seen that the service already completed on respondent nos. 1 to 6. But, till date no one has represented the respondents. 3. This is an application u/s 5 of the Limitation Act praying for condonation of Page No.# 3/3 delay of 47 days in preferring the connected appeal against the order dated 26.05.2023 passed by the learned Civil Judge (Sr. Div.), Lakhimpur in Misc.(J) Case No. 4/2023. 4. It is submitted by Mr. Chauhan that the present applicant/appellant was staying with his son at Ambala and also fallen sick during that period and when they came to know about the judgment there was a long puja vacation and thereafter he made a request to the engaged counsel for obtaining the certified copy. He further submitted that there is no willful negligence and laches on the part of the present applicant. But, due to the said unavoidable circumstances the appeal could not be be preferred within the period of limitation. 5. Considering the submission made by learned counsel for both sides and also considering the grounds mentioned in the petition which is found to be reasonable and justified ground, the delay of 47 days in preferring the connected FAO against the order dated 26.05.2023 passed by the learned Civil Judge (Sr. Div.), Lakhimpur in Misc.(J) Case No. 4/2023 is hereby condoned. 6. Registry is accordingly directed to number and register the connected appeal and to list list accordingly. 7. With the above observations, the present IA stands disposed of. JUDGE Comparing Assistant