SWAPAN KUMAR CHANDA Vs. KRISHNAPADA CHANDA

JUDGEMENT

(1.) This is an application for condonation of delay under Section 5 of the Limitation Act filed by the plaintiff No.1/appellant/petitioner.

(2.) It is stated by the applicant in the instant application that he has filed an appeal being SAT 22 of 2014 assailing the judgment and decree dated 17th July, 2013 passed by the learned Civil Judge (Senior Division), Contai before this Court on 27th January, 2014. It is further stated by the applicant that he engaged one Advocate of this Court to prefer the second appeal within the statutory period of limitation but he did not file the appeal within time though all the documents including the certified copy of the impugned judgment and decree was handed over to him. Subsequently the applicant entrusted the present learned Advocate to file the appeal and he filed the same on 27th January, 2014. In this process there was delay of 22 days in preferring the appeal and registered the appeal in file.

(3.) I have heard learned Advocates for the applicant and the opposite parties.