BIJOY DEBBARMA Vs. KISHORE DEBBARMA

JUDGEMENT

(1.) HEARD Mr. D.C. Roy, learned counsel appearing for the petitioner as well as Mr. Suman Bhattacharji, learned counsel appearing for the respondent.

(2.) THIS is a petition filed under Section 115 of the C.P.C. questioning the legality of the order dated 21.06.2013 delivered in Civil Misc.38 of 2013 arising out of Title Appeal No. 14 of 2013 by the Additional District Judge, No. 5, West Tripura, Agartala whereby the delay of 208 days in preferring the appeal has been condoned.

(3.) ON the basis of the finding as made, the respondent filed an appeal under Section 96 of the C.P.C. in the court of the District Judge, West Tripura, Agartala challenging the judgment and decree dated 07.09.2011 delivered in Title Suit No. 81 of 2008 by the Civil Judge, Sr. Division, Agartala, West Tripura, No. 1. The said appeal could not be filed within the period of limitation and hence, the respondent filed a miscellaneous application being Civil Misc. 38 of 2013 along with the said appeal. In the course of time, the said miscellaneous application along with the appeal was transferred to the court of the Additional District Judge, West Tripura, Agartala, No. 5 and the matter was heard. By the impugned order dated 21.06.2013, the delay of 208 has been condoned observing that: