HARADHAN GUPTA Vs. CHANDAN KUMAR GUPTA

JUDGEMENT

(1.) Heard Mr. SM Chakraborty, learned senior counsel assisted by Mr. HK Bhowmik and Ms. P Sen, learned counsel appearing for the appellant as well as Mr. S Bhattacharjee, learned counsel appearing for the respondents.

(2.) This is an appeal under section 100 of the CPC from the order dated 10.04.2017 passed by the Addl. District Judge, West Tripura, Agartala in TA 33/2016. As consequence of the order dated 10.04.2017 passed in Civil. Misc. (Condo) 42 of 2016, the said appeal has been dismissed. As the first appeal being Title Appeal No. 33 of 2016 under Section 96 of the CPC from the judgment and decree decree dated 17.08.2015 passed in Title Suit (Partition) 12 of 2011 was barred by limitation, an application being Civil Misc. (Condo) 42 f 2016 under Order 41, Rule 3A of the CPC for condonation of delay of 353 days was filed. By the order dated 10.04.2017, the prayer for condonation was dismissed.

(3.) The cause assigned by the appellant was on four counts, viz, (i) at the time of passing of the judgment he was away from Agartala, firstly, at Kolkata and thereafter, at his daughter's place at Mumbai; (ii) he fell ill and was treated for a considerable period of time; (iii) his wife also fell ill and was bedridden; and (iv) his daughter, since was working in a corporate house in Mumbai, was not in a position to apply for the leave to accompany them to Agartala.