ABHAY RAM Vs. MAHANT RAMBALI DAS

JUDGEMENT

(1.) Heard on M.(C.) P. No.1454/2002.

(2.) This is an application, under Section 5 of the Limitation Act, 1963, for condoning the delay in filing of the instant second appeal which is barred by limitation of 1689 days.

(3.) Brief facts leading to the instant second appeal are that the plaintiff (appellant herein) had filed a suit being Civil Suit No.88- A/1996 before the trial Court claiming declaration of title of the suit land and for permanent injunction restraining the defendants (respondents herein) from disturbing the plaintiff from possession over the suit land. The said civil suit was decreed by the trial Court in favour of the plaintiff. However, the first appeal i.e. Civil Appeal No.35-A/1997 preferred by defendant No.1 was allowed by the first appellate Court, vide its judgement and decree dated 12.11.1997, setting aside the judgement and decree dated 16.5.1997 passed by the trial Court and dismissing the suit of the plaintiff.