REFILL STAR PAKYNTEIN Vs. JAYA ARORA

JUDGEMENT

(1.) The instant application has been filed under Sec. 5 of the Limitation Act, 1963 for condonation of delay of 21 days in filing the connected appeal against the judgment dtd. 12/6/2024 and order dtd. 14/6/2024 passed in F.C.(Civil) No. 427/2011 by the learned Principal Judge, Family Court -2, Kamrup (Metro).

(2.) We have heard Ms. P. Chakraborty, learned counsel for the applicant. We have also heard Ms. P. Talukdar, learned counsel for the respondent.

(3.) Ms. Chakraborty, the learned counsel for the applicant has submitted that the delay in the instant case is only 21 days and the reasons for the same have been adequately pleaded in the application, more specifically paragraphs 13, 14 and 15 thereof. It is submitted that the instant appeal has been preferred qua ajudgment passed by the learned Family Court in a suit filed by the applicant for annulment of the marriage. It is submitted that though the impugned judgment was passed on 14/6/2024 and the certified copy was applied for on 15/6/2024, due to the fact that the applicant is ordinarily residing in the State of Meghalaya, he could not come to collect the certified copy prior to 18/7/2024. She has submitted that in matters pertaining to the Family Court,the parties are required to present in person for collecting certified copies. She has also clarified that the pleadings in paragraph 14 of the application are not properly worded and the actual meaning is that the certified copy could be collected on 18/7/2024.