TULSHI NANDI Vs. NOOR SAHIDA BEGUM

JUDGEMENT

(1.) Heard Mr. A.R. Banerjee, learned senior counsel assisted by Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. BK Goswami, learned sender counsel assisted by Mrs. T. Goswami appearing on behalf of the opposite party.

(2.) This is an application under Section 5 of the Limitation Act for condonation of delay of 575 days in preferring the Civil Revision being CRP No. 88/2001. Explaining such delay of 575 days the petitionerllias narrated the sufficient causes in this application particularly in paragraphs 3,4.5.,6, 7, 8 and 9 which run as follows :-

(3.) From mere perusal of the aforesaid paragraphs it would show that against the impugned judgment and decree dated 15.5.95 passed by the Civil Judge (Senior Division) in Title Appeal No. 27/95, the petitioner, instead of preferring the present Civil Revision, filed review application seeking review of the impugned judgment and decree dated 15.5.95 on 17.8.95. The said review application was dismissed by the reviewing Court on 8.12.2000. Thereafter also instead of filing this revision petition immediately after the rej ection of review application, the petitioner waited and opted to prefer two separate petitions before this Court only on 23.3.2001 one, against the impugned judgment and decree dated 15.5.95, the present Civil Revision and the other, against the order dated 8.12.2000 dismissing the review application through Civil Revision 88/2001 and Civil Revision 87/2001 respectively. During the pendency of this Civil Revision for admission, the Civil Revision No. 87/2001 challenging the order dated 8.12.2000 dismissing the review petition was also dismissed by this court on 12.4.2001.