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2014 DIGILAW 670 (GAU)

MD. JOYNAL ABEDIN v. STATE OF ASSAM

2014-06-25

A.M.SAPRE, UJJAL BHUYAN

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JUDGMENT (A.M. Sapre, C.J.) 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. 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. This is an application filed by the applicant/appellant under section 5 of the Limitation Act for condoning of delay in filing appeal. According to the appellants, the delay in filing appeal is of 516 days. The question therefore, that arises for consideration in this appeal is whether any sufficient cause is made out for condonation of delay in filing the appeal or not? Advance notice of this application was served on the State respondents. 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. In view of foregoing discussions, we are of the opinion that no case is made out on facts for condonation of delay in filing the appeal. The application i.e. Misc. Case No.1406 of 2014 is thus liable to be dismissed. It is accordingly, dismissed. As a consequence, the appeal too is dismissed as being barred by time. No cost.