UNION OF INDIA Vs. T L ANGAMI

JUDGEMENT

(1.) Heard Mr. C.T. Jamir, learned counsel for the petitioners and Mr. S. Dutta, learned counsel for the respondents.

(2.) The respondents as plaintiff instituted a Title Suit in the Court of Assistant to Deputy Commissioner, Dimapur for declaration of title, recovery of possession and eviction over the land measuring 375 Bighas 2 Kathas and 11 Lechas and for compensation of Rs. 17,99,28,000/- from the petitioners/ defendants. The said suit was registered as Title Suit No.2 of 2000. The petitioners/defendants filed their written statement and contested the suit. After hearing the parties, the learned Assistant to Deputy Commissioner, Dimapur decreed the suit as under: -

(3.) After the judgment and decree was passed by the learned Assisant to Deputy Commissioner, the petitioners/defendants preferred an appeal before the Deputy commissioner (Judicial) Dimapur. Alongwith the appeal the petitioners have also filed an application under Section 5 of the Limitation Act. The appeal was registered as Civil Appeal No. 12 of 2003 and the petition under Section 5 of the Indian Limitation Act, 1963 was registered as Civil Misc Case No. 1 of 2003. In the petition under Section 5 of the Limitation Act, the delay of 59 days was sought to be condoned by the Court. However, after hearing the parties by order dated 18.9.03 passed in the said Civil Misc. Case No. 1 of 2003 the learned Deputy Commissioner (J), Dimapur rejected the petition for condonation of delay filed by the petitioner. Hence this petition.