ANIMA DAS Vs. SUREN CHANDRA DAS

JUDGEMENT

(1.) Heard Mr. P Kataki, learned counsel for the petitioner and Mr. G. Saikia, learned counsel for the sole opposite party.

(2.) This is an application under section 5 of the Limitation Act praying for condoning delay of 765 days in filing second appeal challenging the judgment and decree dated 16.07.2010 passed by the learned Civil Judge No. 3, Kamrup at Guwahati in Title Appeal No. 37/2009. The petitioner stated in paragraph 4 of the application that she came to know about the disposal of the Title Appeal No. 37/2009 in the first part of April, 2012 and thereafter applied for certified copy of judgment and order on 05.04.2012. She received the same on 25.04.2012 and then applied for legal aid before the Gauhati High Court Legal Services Committee on 27.04.2012. Averments made in paragraph 4 of the application are quoted below:

(3.) On being summoned, the sole opposite party appeared and submitted written statement. In paragraph 7 of the affidavit in opposition, the sole opposite party stated that immediately after getting the decree in T.A. No. 37/2009, the husband/opposite party filed a petition under section 127 of the Code of Criminal Procedure for cancellation of monthly maintenance of the petitioner which she was receiving in maintenance case No. 20M/2007 of the court of learned Judicial Magistrate, 1st Class, Rangia. Thereupon the learned court passed order on 27.05.2011 cancelling maintenance order in respect of the wife. Mr. G Saikia, learned counsel for the sole opposite party, however, submits that the learned Magistrate maintained the earlier order of maintenance insofar as the child is concerned but cancelled the maintenance order insofar as it relates to the petitioner who is not legally married wife of the opposite party. Under such circumstances, it is clear that the present petitioner was aware about the passing of judgment in the month of May, 2011 itself and not in the month of April, 2011 as stated by her.