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2018 DIGILAW 34 (GAU)

Jadav Baruah S/o Lt. Joy Ram Baruah v. On the Death of Nagen Chandra Das, he is substituted by his legal heirs Mrs. Tripti Das

2018-01-08

A.K.GOSWAMI

body2018
ORDER : 1. Heard Mr. N.K. Deka, learned counsel for the applicant/petitioner. Also heard Mr. A. Biswas, learned counsel appearing for the respondent No. 2. 2. On the prayer of Mr. Deka, names of the respondent Nos. 1(a), 1(b) and 1(c) are struck off from the array of respondents. It is submitted by Mr. Deka that the respondent Nos. 1(a), 1(b) and 1(c) are the legal representative of the landlord of the petitioner, who, during the pendency of the suit transferred the suit premises in favour of the respondent No. 2. 3. In that view of the matter, service is complete. 4. By this application filed under Section 5 of the Limitation Act, 1963, the applicant is praying for condonation of delay of 52 days in preferring the connected civil revision petition. 5. Order dated 24.08.2015 passed in this application goes to show that on that day, the respondent No. 2 was represented. Till now no objection has been filed. 6. Submission of Mr. Biswas that he was not given any opportunity to file show cause is without any merit. If he had wanted to file objection, he could have filed the objection in the meantime and for filing such objection, Court does not have to grant leave. It also appears from the order dated 24.08.2015 that no prayer was made by him praying for time to file objection. 7. Having heard the learned counsel appearing for the parties and upon perusal of the materials on record, delay of 52 days is condoned. 8. Registry will now register the civil revision petition and list the same for motion on 31st January, 2018. 9. I.A. stands allowed and disposed of.