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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Malabika Das, D/o. Late Nagen Kumar Das, W/o. Shri Diganta Kumar Das – Appellant
Versus
Kandarpa Baruah, S/o. Late Haren Baruah – Respondent
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. SP Roy, the learned counsel appearing on behalf of the petitioner.
2. This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short, the Code), read with Section 151 of the Code challenging the order dated 02.04.2025 passed by the Court of the learned Additional District Judge No.1, Kamrup(M) at Guwahati (for short, ‘the learned Appellate Court’), whereby the application filed under Section 151 for grant of a stay to the execution proceedings being Title Execution Case No.4/2023 pending before the Court of the learned Civil Judge No.3, Kamrup(M) at Guwahati was rejected.
3. This Court prior to dictating the instant order enquired with the learned counsel appearing on behalf of the petitioner as to whether he would like to convert the instant application to a proceedings under Article 227 of the Constitution. The learned counsel submitted that by the instant proceedings the revisional jurisdiction of this Court under Section 115 of the Code has been invoked on the ground that the learned Court failed to exercise the jurisdiction and if the application under Section 151 of the Code would have been allowed, it wou
The Court held that a stay application in execution proceedings cannot be granted prior to condoning significant delay in the underlying appeal, emphasizing the necessity of following procedural requ....
A court must liberally interpret sufficient grounds for condoning delays in filing appeals, prioritizing substantive justice over procedural technicalities.
An interlocutory order which decides any question in controversy between the parties to a suit or proceeding and the decision is one having a direct bearing on their rights and obligations in such su....
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The execution of a decree remains valid if filed within the allowed limitation period despite prior delays acknowledged by the decree holders.
The limitation period for executing a decree runs continuously unless stayed by a specific order; absence of such an order means the execution application filed beyond the limitation period is barred....
Applications for condonation of delay under Section 5 of the Limitation Act are typically inapplicable to proceedings under Order XXI of CPC unless exceptional circumstances dictate otherwise.
Misapplication of procedural rules, specifically regarding adjournments and stay orders, which led to the dismissal of an appeal on merit without due process.
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