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2022 Supreme(Megh) 253

H. S. THANGKHIEW
Dilip Singhania – Appellant
Versus
Anil Kumar Singhania – Respondent


Advocates appeared:
Mrs. P.D.B. Baruah, Sr. Adv. with Mr. B. Wanswett, Advocate, for the Petitioner; Mr. B. Bhattacharjee, Sr. Adv. with Ms. B. Das, Advocate, for the Respondent

JUDGMENT

1. This is an application under Section 5 and 14 of the Limitation Act, 1963, praying for condonation of delay of a period of 60 days in filing the connected Revision Application against the judgment and order dated 04.11.2016, passed in T.S. No. 39(H) of 2013(Old No. T.S. 22(H) of 2005) by the Court of the Assistant District Judge, Shillong, dismissing an application under Section 10 CPC. The noting by the Registry, however, reflects that the delay as computed amounts to 1486 days after deduction of the regular appeal period of 90 days.

2. The explanation as put forward is that, the petitioner had earlier filed a Civil Revision being CRP No. 26 of 2017, under Article 227 of the Constitution of India against the same order, on the bona fide belief that an order rejecting the application under Section 10 CPC was not revisable under Section 115, which however, came to be dismissed by this Court by judgment dated 11.11.2019, on the ground of maintainability. Against the said order of dismissal, the petitioner then preferred an SLP being SLP No. 378 of 2019, before the Supreme Court of India, which was also dismissed vide order dated 17.01.2020, leaving the petitioner to pursue

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