(1.) The instant application is one under section 5 of the Limitation Act, 1963 (hereinafter referred to as the Act) read with order 41 Rule 3 -A of the Code of Civil Procedure, 1908 (as amended) to condone the delay, if any in filling the accompanying Appeal being RFA No. 17 of 2002 preferred against the judgment dated 29.11.99 and decree dated 15.12.99 passed by the learned Civil Judge (Senior Division), Jorhat in the Title Suit No. 18 of 1989.
(2.) I have heard Mr. A.K. Bhattacharjee learned senior counsel assisted by Mr. B.K. Singh and Mr. A.K. Choudhury counsel for the petitioner and Mr. B.K. Goswami, learned counsel assisted by Mr. T. Goswami, learned counsel for respondent/ opposite party No. 1. Notices on the other members of the opposite party were sent by registered post with acknowledgement due and were treated as served. However, none appeared to represent them at the hearing.
(3.) That facts in nutshell, leading to the filling of the present application can be set out as hereunder.