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DEVASHIS BARUAH
Shefali Rani Deb, W/o. Sri Ajit Kumar Deb – Appellant
Versus
State Of Assam, Represented By The Collector, Cachar At Silchar – Respondent
JUDGMENT :
This is an Appeal under Order XLIII Rule 1 (t) read with Section 104 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the order dated 17.01.2017 passed by the learned Additional District Judge, Cachar at Silchar in Misc. Case No.8/2015 arising out of Title Appeal No.09/1996 wherein the application filed by the appellant herein was rejected.
2. It appears from the records that a suit was filed by the Appellant herein before the Court of the Assistant District Judge No.1 at Silchar being Title Suit No.68/1991 seeking declaration of her right, title and interest in respect to the land described in Schedule-I to the plaint and confirmation of possession. In additional to that, the Appellant had also sought for declaration that the order in Land Ceiling Case No.2/1971-72 of the Court of the Collector, Cachar (Land Ceiling Branch) was not binding upon the plaintiff/Appellant herein in respect to the land described in Schedule-I and Schedule-II to the plaint and for permanent injunction restraining the defendants from taking over the possession of the land described in the Schedules and from disturbing the peaceful possession of the plaintiff/Appellant h
The main legal point established in the judgment is the strict construction of Section 3 and liberal construction of Section 5 of the Limitation Act, 1963, emphasizing that rights accrue based on Sec....
The court emphasized the importance of 'sufficient cause' and the satisfaction of the court in condoning delay, and highlighted that inordinate delay could not be condoned without notice to the respo....
The main legal point established in the judgment is the importance of adhering to principles of natural justice, procedural provisions, and the need for judicious exercise of discretion in condoning ....
Point of law: While considering the application for condonation of delay no straight jacket formula is prescribed to come to the conclusion if sufficient and good grounds have been made out or not. E....
The principle of liberal construction in delay applications under limitation laws emphasized by the court.
The limitation for appeals under the Rajasthan Minor Mineral Concession Rules is calculated from the date of communication of the order, not the date of the order itself.
The main legal point established in the judgment is that the expiration of the period of limitation gives rise to a right in favor of the decree holder to treat the decree as binding between the part....
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