DILIP SHAW Vs. RAMLAL DAS

JUDGEMENT

(1.) This revisional application is directed against an order dated 3rd June, 2016 passed by the learned Additional District Judge, 1st Court, Barrackpore, 24-Parganas (North) in Miscellaneous Appeal No. 01 of 2016, by which an application under Sec. 5 of the Limitation Act is rejected.

(2.) Indubitably the suit for declaration and permanent injunction is decreed ex parte against the petitioner. The application under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree was filed beyond the statutory period of limitation. An application under Sec. 5 of the Limitation Act for condonation of delay was taken up by the Trial Court and having found no plausible reasons the Court dismissed the same on 9th Oct., 2015.

(3.) The certified copy of the said order was applied on 19th Nov., 2015 and was made ready for delivery on 8th Dec., 2015. The appeal was filed before the Court of Appeal below on the reopening of the Trial Court following Christmas Vacation along with an application for condonation of delay.