NAGENDRA CHANDRA SHIL Vs. PRIYATOSH SHIL

JUDGEMENT

(1.) THE instant second appeal is filed by the plaintiff appellant challenging the order dated 07.09.2013 passed by the learned Additional District Judge, West Tripura, Agartala, Court No. 4 in Title Appeal 55 of 2012 where under the learned Additional District Judge dismissed the appeal in view of the dismissal of the condonation application filed under Section 5 of the Limitation Act i.e. Civil Misc. 329 of 2012.

(2.) HEARD Mr. A. Roy Barman, learned counsel appearing for the plaintiff appellant as well as Mr. K.N. Bhattacharji, learned senior counsel as assisted by Mr. S. Acharji, learned counsel appearing for the respondent.

(3.) THE plaintiff case before the learned Civil Judge (Senior Division) Court No. 1, Agartala, West Tripura (hereinafter referred to as the trial Court) was that the plaintiff was the husband of the deceased Kalpana Biswas and they had their marriage in the month of November, 1988 and they used to live together at Kalyanpur. Since the deceased Kalpana Biswas was posted at IGM hospital, Agartala as Class IV employee, she used to live at her father's house at Bhati Abhoynagar, Agartala for the purpose of her service and used to visit the house of the plaintiff at Kalyanpur every weekend and also the plaintiff used to come to Agartala to live with his wife.