CHATURBHUJ DHAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel Mr. C. Goswami for the applicant Shri Shri Chaturbhuj Dham, (Narayan), DEITY, represented by the President, Shri Dipendra Nath Chakraborty, and Secretary, Shri Sibendra Nath Ray, of Shri Shri Chaturbhuj Suraksha Samity.

(2.) The State of Assam represented by the Deputy Comm.- Dhubri; The Settlement Officer-Dhubri; The Assistant Settlement Officer- Dhubri; The Chief Secretary- Government of Assam at Dispur, and Assistant Settlement OfficerAgamoni are arrayed as Respondent Nos. 1 to 5 respectively, and Mr. Ramrai Kuthi Satra is represented by the President i.e., the Proforma respondent No. 6.

(3.) It is submitted on behalf of the applicant that a regular second appeal has been filed before this Court challenging the Judgment and Decree dtd. 19/4/2017, passed by the learned Civil Judge, Dhubri, in Title Appeal No. 55/2014. The applicant ought to have filed the appeal on or before 7/7/2017, within the period of limitation of 90 days for filing a second appeal before the High Court as prescribed under Article 116 of the Limitation Act of 1963, (the Act of 1963 for short), but there was a delay and appeal was filed on 24/11/2022. Thus, an application under Order 41, Rule 3A of the Code of Civil Procedure, (CPC for short), and Sec. 5 of the Act of 1963 has been filed with prayer for extension of the period of limitation of 1,208 days for filing the regular second appeal (RSA for short). It is submitted that the President, Sri Dipendra Nath Chakravorty has been suffering from old age ailments and has been bedridden for the last 4 to 5 years. He was more conversant with the Court cases relating to the DEITY. Over and above his health conditions, owing to some political and social responsibilities and the outbreak of COVID-19 pandemic, no meeting was convened to take up necessary steps to file the second appeal by the committee of the Shri Shri Chaturbhuj Suraksha Samity, and to maintain harmony, every endeavour was made to resolve the disputes outside the Court. A general meeting was convened only on 12/6/2022 and the secretary of the Shri Shri Chaturbhuj Suraksha Samity was empowered to look after the court cases and to take necessary steps to file second appeal. It is further submitted that a majority of the devotees are not financially stable and owing to the shortage of funds, additionally there was delay in filing this appeal.