PRADIP CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Debajit Biswas, learned counsel appearing for the applicant-appellants. Also heard Mr. D. Sharma, learned Addl. G.A., appearing for the State-respondents and Mr. H. Deb, learned counsel appearing on behalf of the respondents No.3 to 6.

(2.) This second appeal has been preferred by the appellant-defendants (hereinafter referred to as the defendants) against the judgment and decree dated 12.04.2018 passed in T.A. 17 of 2016 by the Court of learned District Judge, Unakoti Judicial District, Kailashahar, affirming the judgment and decree dated 20.06.2016 passed in Title Suit No.61 of 2013 by the learned Civil Judge, Senior Division, Kailashahar.

(3.) In preferring the present second appeal, there is a delay of 299 days. In explaining the delay, the appellants have stated in the petition that the appellants were unaware of the fact that the case was disposed of. In the month of September, 2018, the appellants visited the chamber of the conducting Advocate, but they were informed that the conducting Advocate was out of station for the purpose of medical treatment. It has further been stated that the appellants thereafter visited the chamber of the conducting Advocate in the month of December, 2018 and found him present and after consulting with the Advocate, the appellants came to know that the Title Appeal No.17 of 2016 was disposed of by learned District Judge, Unakoti, Kailasahar and the Advocate also suggested them to move to the superior Court for remedy.