GADADHAR GHOSH Vs. JANKI NATH GHOSH

JUDGEMENT

(1.) This is an application for an order that the delay in filing the appeal may be condoned On 15 June 1966 a preliminary decree was passed declaring the shares of the parties and directing the premises to be sold by auction. Thereafter the petitioner who is defendant No. 1 in this suit received an offer from an outsider for purchase of the premises. The petitioner made an application for an order for varying or modifying the decree dated 15 June, 1966 which provided that the premises be sold by public auction The application was made on 18 August, 1966 By a Judgment dated 27 February, 1967 the application was disposed of and the decree dated 15 June, 1966 was not disturbed

(2.) The petitioner on 3 April, 1967 filed an appeal against the judgment and order dated 27 February 1967.

(3.) On 3 April, 1967 the petitioner gave requisition for certified copy of the decree dated 15 June, 1966 The draft decree was settled and passed on 11 April, 1967. Thereafter the petitioner made this application for condonation of delay in filing the appeal against the decree dated 15 June, 1966. This application is dated 28 April 1967.