BIMAN KUMAR NATHS Vs. AJIT KUMAR NATH AND

JUDGEMENT

(1.) This Revisional application is directed against Order No.5, dated 2nd of March, 1987, passed by the learned District Judge, Burdwan in Title Appeal No.230 of 1986, rejecting an application for condonation of delay, on behalf of the plaintiffs, in preferring the said appeal.

(2.) The facts, which are not in dispute, are that the suit was dismissed on contest on 12th of October, 1985, the hearing having been concluded on 10th of October, 1985; the plaintiffs in the said suit were the sons of one Kalyan Kumar Nath and the defendants were the successors in interest of late Harendra Nath and the State of West Bengal, being represented by the Collector, Burdwan.

(3.) In the suit, the substance of the plaintiffs allegations was that the suit properties were purchased from Harendra Nath, predecessor-in-interest of the private defendants for a consideration of Rs. 10,000 and the plaintiffs were in possession of the same; but the State respondent, claiming the suit lands as vested, had been trying to throw the plaintiffs out of possession and consequently, a decree for declaration of title and permanent injunction had been prayed for on behalf of the plaintiffs.