Heard Mr. A. Kundu, learned counsel, appearing for the applicant. Mr. Kundu has filed an affidavit dated 11-11-2021 in support of the fact that steps by way of dasti service on the sole respondent is complete. Service report is accepted. Matter shall proceed ex-parte. However, none entered appearance on behalf of the respondent though notice was received on 12-03-2020. Much time has elapsed after service of notice on the respondent. Accordingly, Misc Case is taken up for disposal.
The connected Revision Petition is filed against the ex-parte order dated 07-06-2017 passed by the learned District Commission, Kamrup, in C.C. No. 19/2015. While filing the same, there is a delay of 623 days. The reasons for such delay have been stated in the application that the order impugned, was passed ex-parte, thereby disallowing the applicant to take part in the proceeding, pending before the learned District Commission. Mr. Kundu has submitted that the applicant entered appearance in the proceeding before the District Commission. It is also submitted that due to some required official formalities some time was taken in filing the connected revision petition.
Accordingly, considering the ground, we are of the considered view that the proceeding is yet to be disposed of by the learned District Commission. As such, coupled with the lock down due to Covid-19, being considered, no substantial loss would occur to the respondent if delay is condoned. Accordingly, delay of 623 days in filing the connected Revision Petition is hereby condoned.
Misc Case is allowed and disposed of.