LA COLLECTOR Vs. SUBHASH CHANDRA DAS

JUDGEMENT

(1.) HEARD learned senior counsel, Mr. S. Deb, assisted by learned counsel, Mr. B. Datta for the appellant -applicant and learned counsel, Mr. D.J. Saha for the respondent -opposite party Nos. 1 to 4. No representation on behalf of respondent O.P. Nos. 5 and 6.

(2.) THIS is an application filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 5 years 2 months 28 days in filing connected LA App. No. 98 of 2013, challenging judgment and award, dated 31.07.2008 passed by learned LA Judge, Belona, South Tripura, in Case No. L.A. 1 of 2008 on a reference made under Section 18 of the L.A. Act.

(3.) OPPOSITE party Nos. 1 to 4 submitted a written objection, inter alia, stating that the application seeking condonation of delay suffers from serious delay and laches. No particular date was furnished by the appellant -applicant as to when the references were made by the appellant -applicant to the requiring Department. There is no averment in the application that the appellant -applicant was aggrieved by the judgment and award passed by the learned LA Judge and it is apparent from the statement of the applicant itself that the appeal has been preferred only to resist the execution case. The petition suffers from lack of bona fides, gross negligence and deliberate inaction, and therefore, the delay cannot be condoned.