MD. JOYNAL ABEDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. P. Sarma, learned senior counsel for the applicant/appellant and Mr. P. N. Goswami, learned Standing Counsel, Education, appearing for the respondent.

(2.) THIS appeal is filed under Rule 2(3) of Chapter V -A of the Gauhati High Court Rules by respondent No.5 of W.P.(C) No.5180 of 2011, against the order dated 05.06.2012 passed in the aforesaid writ petition by the learned Single Judge. Heard on Misc. Case No.1406 of 2014.

(3.) IN our opinion, the delay of 516 days is totally unexplained. It is indeed inordinate and thus cannot be condoned for want of any sufficient cause, which is required to be made out under Section 5 of the Limitation Act. Secondly, when the Rules has given 45 days to file an appeal then there is absolutely no reason as to why the appellant waited for 516 days to file an appeal. Thirdly, the appellant is not a rustic villager, who is usually not conversant with the legal intricacies of limitation prescribed under the Law of Limitation. That apart, neither proper facts are pleaded nor any documents are filed in support of such allegations, except usual averments.