LAWS(CAL)-1993-5-23

GERTRED CHANDA Vs. HAVITAT DEVELOPERS PVT LTD

Decided On May 28, 1993
GERTRED CHANDA Appellant
V/S
HAVITAT DEVELOPERS PVT LTD Respondents

JUDGEMENT

(1.) THIS is an application for condonation of delay under Section 5 of the Limitation Act.

(2.) AGAINST the judgment and decree dated 30th September, 1991, passed in Title Suit No. 137 of 1986 by 2nd Assistant District judge. Alipore, the petitioner preferred this First Appeal being F. A. T No. 2016/ 92. The 1st date of filing the appeal, to be within the period of limitation, would have been 16th March, 1992, but the petitioner filed the First appeal on 25th June, 1993 before this High Court and in that process there was a delay of 101 days as per the office report, but according to the petitioner, the delay was of 104 days.

(3.) THE petitioner sought to explain that delay of 101 days and prayed for condonation of the same.