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Judgment
B. Bhattacharjee, J
Heard Mr. S. Deb, learned counsel appearing for the petitioner and also Mr. N. Khera, learned counsel appearing for the respondent.
By this application the applicant has sought for condonation of delay of 84 days in preferring the civil revision application against the impugned order dated 13.02.2025 passed by the learned Assistant District Judge, Shillong, in Misc.Case No.80 (H) of 2023 arising out of TS (Eviction) No.7 (H) of 2017.
The reason for the delay is stated to be due to the financial constraint of the applicant and also that the certified copy of the impugned order was supplied to the applicant after a long delay.
The learned counsel for the respondent objected to the said explanation on the ground that the same is not supported by any evidence and that the statement appears to be non-specific as to the dates on which the present counsel was engaged by the applicant and when the revision petition was made ready.
Upon hearing the learned counsels appearing for the parties and upon perusal of the materials on record, it appears that, apart from the contention of the applicant that there was a financial constraint, the certified copy of the impugned order dated 13.02.2025 was supplied to the applicant only on 18.06.2025, though the same was applied for on 02.04.2025. It is, therefore, clear that the delay in preferring the connected revision application was also due to reasons beyond the control of the applicant. The reasons for the delay stated in the application are thus found to be satisfactory, and the prayer made in the application is allowed. The delay of 84 days in preferring the connected revision application against the impugned order dated 13.02.2025 is hereby condoned.
Registry to diarize the civil revision application and list it for motion.
