ASRAFUL HOQUE Vs. SANKAR DAS

JUDGEMENT

(1.) The present revisional application arises out of order no.21 dtd. 26/3/2021 as passed by the Learned Additional District Judge, Jangipur, Murshidabad in Title Appeal No. 15/2018 whereby and whereunder the said court by the impugned order dismissed the appellants' application under Sec. 5 of the Limitation Act on account of their absence and by the self same order recorded dismissal of the said appeal.

(2.) The appellant felt aggrieved and thus preferred the instant revisional application.

(3.) In course of hearing learned advocate for the petitioners/appellants draws attention of this Court to the certified copy of the impugned order. It is contended by him that by the impugned order learned trial court ought not to have reject the limitation petition in absence of the present petitioners. It is further contended that learned trial court acted beyond the law by dismissing the Title Appeal No. 10 of 2018 since he has flouted the provisions of Explanation of Order 41 Rule 17 of the Code of Civil Procedure.