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2019 Supreme(Gau) 574

SONGKHUPCHUNG SERTO, HITESH KUMAR SARMA
State of Arunachal Pradesh – Appellant
Versus
Jumdo Jini – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Tapin, Sr. GA
For the Respondent:T.T. Tara, Advocate

ORDER :

SONGKHUPCHUNG SERTO, J.

1. Heard Mr. S. Tapin, learned Sr. Govt. Advocate appearing on behalf of the applicants, State of Arunachal Pradesh and Mr. T.T. Tara, learned counsel for the sole respondent.

2. This is an application under Section 5 of the Limitation Act, read with Rule 2(2) and R-3-A of Order XLI, of the Code of Civil Procedure and Chapter V of the Gauhati High Court Rules praying for condonation of delay of 1164 days in filing an appeal against the judgment and order dated 4.08.2015 passed by the learned Singe Judge in W.P.(C) No. 123 (AP) 2015.

3. Mr. Tapin, learned Sr. Govt. Advocate in is endeavour to explain the delay of 1164 days in filing the appeal has read paragraph-2 of the application and submitted that the delay has occurred due to the involvement of 3 (three) departments in the decision making process. The contents of the paragraph-2 of the appeal are reproduced herein below:

"2. That the applicants states that against the Judgment and Order dated 04.08.2015 passed in W.P.(C) No. 123 (AP) 2015 the applicants ought to have been filed the appeal within 30 (thirty) days. However, there is delay of 1106 in filing the appeal due to the following grounds as stat

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