IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2024 (@ SLP (C) Nos. 2336-2337 of 2024)
TARH TUGUNG @ KOYU ...Appellant(s)
Vs.
NGURANG TAKA ...Respondent(s)
O R D E R
1. Leave granted.
2. These appeals by way of special leave arise out of the
judgment and order of the High Court of Gauhati (Itanagar
Bench) in IA (C) No. 205 of 2022 connected in FAO/6/2022 dated
19.09.2023.
3. The proceeding arose with the institution of a suit for
defamation being Money Suit No. 96 of 2019 by the respondent
herein before the Court of Civil Judge Senior Division Yupia,
District Papum Pare, Arunachal Pradesh which came to be
decreed ex-parte by the order of the Trial Court on
20.04.2022.
4. Challenging the decision of the Trial Court, the
appellant herein filed an appeal which was unfortunately
delayed by sixty-eight days. By the order impugned before us,
the High Court dismissed the appeal on the ground of delay.
1
5. It is apparent from the judgment of the Trial Court that
the suit itself is decided ex-parte and the appellant did not
have the opportunity to defend himself. We also take notice of
the fact that this is a suit for defamation, consequently
involving a right to speech and expression with its
constitutional entitlements.
6. Having considered the facts and circumstances of the
case, we are of the opinion that the appellant must g...