THUPA BALA SARDAR Vs. SUNITI SARDAR

JUDGEMENT

(1.) This is an application under Sec. 5 of Limitation Act 1963 filed by the appellant/petitioner praying for condonation of delay in preferring this appeal.

(2.) It is the contention of the petitioner/Appellant that she is an old lady and at present reached 82 years of age and she has been suffering from several illness due to her old age since the English Calender year 2015. It is further contended by the petitioner that the petitioner came to know long after 8 years from the Muhurar of Bankura Judges Court while she was suddenly met with the said Muhurar that she lost in the appeal before Appellate Court. The petitioner being old lady also could not visit Bankura Judges Court as she had suffered long illness due to her old age and she was under the treatment of renowned doctor. The doctor has all along advised the petitioner to take rest due to old age. The petitioner due to old age ailment also could not remember about the appeal during the long 8 years prior to meeting of the Mohurar of Bankura Judges Court and having obtained the knowledge about the fate of the Title Appeal on 13/8/2024 the petitioner instructed her son to obtain certified copy of the judgment and decree passed by the Learned Appellate Court.

(3.) The petitioner being old lady has given authority to her son to prefer the Memo of Appeal and hence 2340 days delay in filing this Appeal be condoned. It is also contended that the petitioner belongs to tribal community and residing in a remote village which is more than 300 Kilometres from Kolkata. As per advice of the Learned Advocate of Bankura Judges Court the petitioner has preferred the Memo of Appeal as the case was not adjudicated through points of Law and facts. It is submitted by the petitioner that the delay be condoned and the Appeal be heard on merits, otherwise the petitioner will suffer irreparable loss and injury.