SUREN BARUAH Vs. BHOGESWARI RAJKHOWA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners.

(2.) By this petition under section 5 of the Limitation Act, the petitioners sought for condonation of delay in preferring the connected second appeal bearing No.RSA 28 of 2002. The appeal has been filed after 946 days delay on expiry of the statutory period fixed for preferring the appeal.

(3.) The plaintiff-respondents filed a title suit bearing No. Title Suit 18 of 1988 before the learned Munsiff, Biswanath Chariali, Sonitpur against the defendant appellant herein. The suit was decreed by the learned trial Court. The defendant-appellant preferred first appeal bearing No. Title Appeal 18 of 1991 before the learned Assistant District Judge, Sonitpur, Tezpur which was allowed vide judgment dated 2.5.1992. Against the appellate order, the plaintiff-respondent preferred second appeal in Second Appeal 75 of 1992 before this Court. After hearing, this Court vide order dated 8.4.97 allowed the appeal, set aside the judgment of first appellate Court and remanded the case, to the learned first appellate Court for fresh hearing and disposal. Thereafter, the learned first appellate Court vide judgment dated 18.6.1999 dismissed the appeal. Instead of preferring any second appeal the defendant-appellant filed a review petition in Misc Case No.40 of 1999 under Order 47 Rule 1 of the Civil Procedure Code before the learned Civil Judge (Senior Division), who after hearing the parties rejected the review petition vide judgment/order dated 28.9.2001. Hence, this second appeal