CHANDANA GARAIN Vs. MADHUSUDAN GARAIN

JUDGEMENT

(1.) This is to consider an application under Sec. 5 of the Limitation Act.

(2.) Perused the petition, affidavit-in-opposition filed by the respondent/opposite party and also the affidavit-in-reply filed by the appellant/petitioner. Heard the learned advocates for both the parties.

(3.) It is stated in the application under Sec. 5 of the Limitation Act that the suit was filed before the First Court of the Munsif, Bolpur, Birbhum and it was decreed. Against the said judgment appeal was filed being Title Appeal No. 4 of 1997 before the learned Civil Judge (Senior Division), Bolpur. Birbhum and the learned Judge by his judgment dated April 23. 1998 was pleased to allow the appeal and remanded the suit before the Trial Court. Giving opportunities to the respective parties to adduce further evidence. Thereafter, the learned Civil Judge (Junior Division), First Court, Bolpur. Birbhum after hearing both the parties dismissed the suit. Against the said judgment and decree of dismissal Title Appeal being No. 7 of 2001 was preferred before the learned Civil Judge (Senior Division), Bolpur, Birbhum and the learned Judge was pleased to allow the appeal by his judgment dated 17.8.2001 setting aside the judgment and decree passed by the Court below. Against the said judgment of the Lower Appellate Court in which the decree was drawn on 24.8.2001, the present Second Appeal was preferred being S. A. T. No. 84 of 2002. It is also stated in the petition that there was a delay of 49 days in filing the instant appeal as the appellant/petitioner Smt. Chandana Garain had been suffering from severe ailment which she "could not completely instruct her Advocate on record" for filing this appeal.