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TARH TUGUNG @ KOYU v. NGURANG TAKA

Supreme Court of India | Diary 361/2024

Status

Order

Decided On

2024-07-23

Bench

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA and HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

TARH TUGUNG @ KOYU

Respondent

NGURANG TAKA

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Full Judgment Text

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...

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