UTPAL ROY BARMAN Vs. KIRITI ROY BARMAN

JUDGEMENT

(1.) Heard Mr. D. R. Choudhury, learned counsel appearing for the appellant-petitioner and Mr. A.K.Bhowmik, learned senior counsel, assisted by Mr. R. Datta, learned counsel appearing for the respondent No.1.

(2.) Since the appeal under Section 96 of the Code of Civil Procedure, 1908 could not be filed by the appellant-petitioner in the prescribed period of limitation against the judgment and preliminary decree dated 26.07.2011, passed by the learned Civil Judge, Senior Division, Court No.2, West Tripura, Agartala in T.S.(P) No. 24 of 2010, this petition under Section 5 of the Limitation Act has been filed by the appellant-petitioner seeking condonation of the delay of 67 days for preferring the said appeal.

(3.) For assigning cause for delay in preferring the appeal within the prescribed period, the appellant-petitioner averred in paragraph-16 of the petition that the judgment and preliminary decree was passed on 26.07.2011 and due date of presenting the appeal was on or before 25.10.2011. But the application for obtaining the certified copy of the judgment and preliminary decree was filed on 28.07.2011 and the certified copy was ready for delivery on 26.08.2011. Since the appellant-petitioner is entitled to get the discount for the period from 28.07.2011 to 26.08.2011, the appeal ought to have been filed on or before 25.11.2011, but the same was presented on 02.02.2012. As such, the appeal could be presented along with the petition for condonation of delay after 67 days.