REKHA DUTTA Vs. DIPAK KUMAR ROY

JUDGEMENT

(1.) These revision applications are directed against orders dtd. 9/12/2011 passed by the learned Civil Judge, Junior Division, Additional Court, Berhampore passed in Miscellaneous Cases No(s). 38 of 2010, 39 of 2010 and 40 of 2010 by which applications under Sec. 5 of the Limitation Act are rejected. Consequently, upon the rejection of the said applications praying for condonation of delay the petition filed under Order 9 Rule 13 of CPC with prayers for setting aside the ex-parte orders were also rejected.

(2.) The opposite parties filed Miscellaneous Cases being No(s). 24 of 1999, 23 of 1999 and 25 of 1999 under Ss. 8 and 9 of the West Bengal Land Reforms Act with prayers for getting orders of preemption in respect of 'Ka' Schedule property mentioned in the applications. Those cases were decreed ex-parte against the present petitioner. Thereafter, applications were taken out on behalf of this petitioner under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said ex-parte orders passed against them. As the said applications filed under Order 9 Rule 13 of CPC were filed beyond the statutory period of limitation applications under Sec. 5 of the Limitation Act for condonation of delay were also filed. The learned Trial Court after giving opportunity of hearing to the both sides found no plausible reasons and dismissed the same.

(3.) Learned Counsel on behalf of the petitioner submitted before this Court interalia that the learned Trial Court misread and misunderstood the case made out in the application for condonation of delay and was wrong in holding that there is no sufficient cause for condonation of the delay. It is further submitted by the learned Counsel that there is sufficient reason to allow the application for condonation of delay and the Court must adopt a liberal approach but in not doing so the Trial Court made error of law in rejecting the application for condonation of delay.