LAWS(GAU)-2017-7-44

PORITOSH BHARADWAJ Vs. ABANI NATH SARMAH

Decided On July 10, 2017
Poritosh Bharadwaj Appellant
V/S
Abani Nath Sarmah Respondents

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta learned Senior Counsel for the petitioner assisted by Ms. P. Bhattacharya learned counsel for the petitioner as well as Mr. B.K. Bhattacharjee learned counsel for the respondent.

(2.) By filing this application under article 227 of the Constitution of India the petitioner has challenged the order dated 13.07.2016 passed by the learned District Judge, Jorhat in Misc (J) Case No. 16/2015 arising out of Title Appeal No. 7/2015 by condoning the delay in filing the said connected appeal.

(3.) The learned counsel for the petitioner has submitted in the petition filed under section 5 of the Limitation Act that the respondent herein had not made any specific averment as to the number of days for which the delay was sought to be condoned. It is further submitted although it is claimed in the said application that the respondent had left Jorhat to Delhi for treatment in the month of November 2013 and had returned Jorhat in the month of May 2015, but there is no document to support the said contention.