BISWANATH PAL Vs. SANKAR NATH PAL

JUDGEMENT

(1.) Final decree in a Partition Suit being Title Suit No.12 of 1989 was assailed by the defendant-appellant in Title Appeal No.132 of 2010 in the Court of the learned District Judge, Hooghly beyond the statutory period of limitation. Therefore the appeal was filed along with an application under Section 5 of the Limitation Act.

(2.) The learned District Judge, Hooghly by an order dated 31st July, 2015 was pleased to reject the application under Section 5 of the Limitation Act and consequently, the appeal was also dismissed being barred by limitation.

(3.) In the instant appeal, the defendant-appellant has challenged the order of rejection of the application under Section 5 of the Limitation Act and consequential dismissal of the appeal.