SUBASH CH. MOHAPATRA Vs. SURENDRA MOHAPATRA

JUDGEMENT

(1.) The appellant as the plaintiff had filed Civil Suit No. 06 of 2003 before the Civil Judge (Jr. Division), Bhanjanagar for declaration of a sale-deed of the year 1967 as void and for permanent injunction as well as possession. The suit having been dismissed, he had filed an appeal under section 96 of the Code of Civil Procedure. The appeal had not been presented within the prescribed period of limitation; there was a delay of 151 days. So, the plaintiff-appellant along with the memorandum of appeal had filed a petition under Order 41, Rule 3A of the Code read with section 5 of the Limitation Act for condonation of delay. The learned first appellate court after hearing by refusing to condone the delay has rejected the petition which has finally led to the dismissal of the appeal on the ground of delay in filing the same.

(2.) The second appeal has been admitted on the following substantial question of law:-

(3.) Heard learned counsel for the parties. I have carefully gone through the order dated 07.11.2007 passed by the learned Additional District Judge, Bhanjanagar in RFA No. 05 of 2005.