MINA HALDER Vs. SMT. PUSPARANI TRIPATI

JUDGEMENT

(1.) Re: CAN 9241 of 2015 (Sec. 5) This is a time barred appeal. There was 1588 days delay in filing this appeal. The defendant no.1 is the appellant before this Court. Final decree passed in the partition suit is under challenge in this appeal.

(2.) Reason for the delay has been explained by the appellant in this application. It is stated therein that the partition suit was disposed of by passing a final decree on 1st Feb., 2011. Thereafter, the certified copy of the said decree was obtained by the defendant no.1/appellant on 7th Aug., 2015. After obtaining the certified copy of the said decree, the appellant filed an appeal being Title Appeal No. 88 of 2011 before the learned Additional District Judge at Diamond Harbour. It was subsequently detected by the learned advocate of the defendant no.1/appellant that the appeal which was filed before the Court of the learned Additional District Judge at Diamond Harbour is not maintainable for want of pecuniary jurisdiction of the appellate forum as the appeal was valued at Rs. 2,60,015.00.

(3.) Under such circumstances, the appellant/defendant no.1 filed an application before the learned First Appellate Court for withdrawal of the said appeal and for filing the same before this Honourable Court. Such prayer for withdrawal of the appeal made by the defendant no.1/appellant was allowed by the learned appeal court on 29th July, 2015 vide Order No.18. Subsequently, the instant appeal was filed on 7th Sept., 2015.