BIKASH CHANDRA PRADHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Kalita, the learned counsel for the Petitioner and Mr. P.S. Deka, the learned Senior Government Advocate appearing on behalf of the State of Assam.

(2.) This is an application under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908 challenging the order dtd. 30/1/2020 passed by the Court of the Civil Judge, Dhubri, whereby the application being registered as Petition No.1152 dtd. 4/9/2019 under Sec. 5 of the Limitation Act, 1963 was allowed thereby condoning the delay of more than 18 years in connection with Title Appeal No.32/19.

(3.) The brief facts of the instant case is that the Petitioner herein as Plaintiff had filed the suit being Title Suit No.331/1995 in the Court of the Munsiff No.1, Dhubri seeking declaration that the land described in Schedule-C to the plaint has been wrongly recorded as Khas in Khas Khatian No.1 and is a part and parcel of Dag No.844 in Khatian No.369 in village Dakhin Tokrarchera, Part-IV under P.S. Golakganj in the District of Dhubri; a decree for declaration that the plaintiff has got right, title and interest with a confirmation of possession over the Schedule-C land; a decree for declaration that the record in respect of the land specified in Schedule-C land so prepared by the defendant as khas is wrong and liable to be corrected in the name of the plaintiff under Dag No.844 of Khatian No.369 declaring the said to be the part of Schedule-A land; a decree for permanent injunction restraining the defendants from evicting and dispossessing the plaintiff from the Schedule-C land for cost and other reliefs. In the said suit, the defendants were at the State of Assam represented by the Collector Dhubri, and the Assistant Settlement Officer, Golakganj Circle, Golakganj.