SAROJ Vs. KUSUM DEVI

JUDGEMENT

(1.) FOR the reasons stated in the application, delay of 26 days in re -filing the appeal is condoned, subject to just exceptions.

(2.) C .M stands disposed of.

(3.) BOTH the Courts below have found that the documents showing rights/title in the suit property were in the name of the husband of the respondent/defendant, and which were in fact admitted by the appellant/plaintiff being the documents Ex.PW3/D1 (GPA), Ex.PW3/D2 (Agreement to Sell), Ex.PW3/D3 (Affidavit) and Ex.PW3/D4 (Receipt). Accordingly, the Courts below have held that the appellant/plaintiff has no concern with the suit property.