MC(N) 1006/2006 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Perused the affidavit dated 07.06.2011 filed by the applicant, enclosing therewith the publication dated 10.12.2009 of the English newspaper (The Assam Tribune), wherein the notices for service on the respondent Nos.4 and 5, namely, Smt. Ghasu Devi Sarma and Sri Kapil Dev Sarma was published fixing 11.12.2009 a s the date for appearance. Such publication was done pursuant to the order dated 06.11.2009. Having perused the averments made in the affidavit as well as the public ation of the aforesaid newspaper, the service on the respondent Nos.4 and 5 is a ccepted. None appears for the respondent Nos.4 and 5, hence the proceeding will p roceed ex-parte against them. The other respondents except the respondent No.3 have also not entered a ppearance, despite service. Therefore, this proceeding shall proceed ex-parte ag ainst them also. The respondent No.3 is represented by Ms. Roy, learned counsel. Heard Mr. Dutta, learned counsel for the applicant and Ms. Roy, learned counsel appearing for the respondent No.3. The applicant by the present application is seeking condonation of delay of 119 days in preferring the appeal. Having heard the learned counsel appearing for the parties and upon peru sal of the averments made in the application seeking condonation of delay, which are not disputed by any of the respondents by filing any affidavit, I am of the view that the applicant was prevented by sufficient cause in not filing the app eal in time. Hence the delay occurred in filing the appeal is condoned. Misc. case stands allowed.