NORTHERN FRONT RAILWAY Vs. LALMALSAWMI
HIGH COURT OF GAUHATI
NORTHERN FRONT RAILWAY
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S Serto, J. -
(1.) This is an application under section 5 of the Limitation Act, 1963, praying for condonation of delay of 419 days in filing a Regular First Appeal directed against the judgment and order dated 18.01.2017, passed by the learned District Judge, Aizawl, in L.A Case No. 42/2015.
(2.) Heard Mr. Ali Hussain, learned counsel for the applicant and also heard Mr. Lalsawirema, learned counsel appearing for the opposite parties/respondents and Mr. Samuel Vanlalhriata Chhangte, learned Government Advocate appearing for the proforma respondents No. 178 & 179.
(3.) The reasons for delay given at para-3 of the application are referred to and read over by the learned counsel of the applicant. The same are reproduced here below verbatim;
(a) The applicant/appellant obtained certified copy of the Judgment and Order dated 14/06/2017 and the said Order was delivered on 7/11/2017 through the Ld. Counsel NF Railway, Mr. Ali Hussain. Thereafter, the aforesaid certified copy of the Judgment and Order dated 18/1/2017 was forwarded by him to the concerned authority of NF. Railway, Maligaon, Gauhati - 11, Assam.
(b) Thereafter, after following various formalities the concerned Chief Law Assistant (CLA) put up before the concerned Law Officer (Construction) NF. Railway for legal opinion regarding preferring an appeal.
(c) On receipt of the above impugned Judgment on dated 7/11/2017 the Order was sent to the concerned Law Officer (Construction), NF.Railway requested the Ld. Counsel of the Railway Mr. Ali Hussain for giving his legal opinion and accordingly, the Ld. Counsel for the NF Railway, Ali Hussain gave his legal opinion on 4/1/2018. However, on perusal of the said legal opinion, the Law Officer (Construction) NF.Railway being not satisfied, further requested the Ld. Counsel of the Railway Ali Hussain to give fresh opinion and accordingly, the Ld. Counsel for the NF.Railways Ali Hussain gave his fresh opinion with suggestion to file Appeal against impugned Judgment and Order dated 18/1/2017.
(d) After obtaining opinion of the concerned Ld. Counsel of the NF.Railway Ali Hussai, the matter was forwarded to the Chief Engineer (Construction), NF Railway Maligaon, Gauhati-11, Assam and was further handed over to the other Chief Law Assistant (CLA) for intimating the Deputy Chief Engineer (Construction) Silchar, Assam in this regard and accordingly the Sr. Law Officer (Construction) Maligaon : Gauhati- 11, Assam intimated the Deputy Chief Engineer (Construction) Silchar : Assam to arrange for filing appeal before the Hon'ble High Court, Aizawl Bench, Mizoram.
(e) Thereafter, the Deputy Chief Engineer (Construction) Silchar : Assam directed the Chief Law Assistant to take immediate steps for nomination of Railway Counsel as well as filing appeal and as such, the Deputy Chief Engineer (Construction) Silchar nominated the Railway Advocate Ali Hussain for filing appeal before the High Court : Aizawl : Bench : Mizoram.
(f) On receipt of the approval as well as after consultation with the special Counsel NF. Railway : Gauhati : Assam, nomination of Railway Counsel from the Deputy Chief Engineer (Construction) Silchar : Assam the case file was forwarded for execution and / or signature of Vakalatnama which was signed and finally sent back the case file to the Senior Law Officer (Construction), NF. Railway.
(g) Thereafter, the Senior Law Officer (Construction) intimated the Ld. Counsel of the applicants/appellants for filing appeal against the impugned judgment and order dated 18/1/2017 before the High Court Aizawl Bench : Mizoram.;
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