STATE OF TRIPURA Vs. BHOWMIK AND COMPANY

JUDGEMENT

(1.) This is an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 200 days in preferring the connected first appeal under Section 96 of C.P.C. which is directed against the Judgment dated 14-3-2002 passed by the learned Civil Judge (Senior Division), Dharmanagar, North Tripura in Money Suit No. 7/1999.

(2.) Heard Mr. S. Deb, learned senior counsel, assisted by Mr. R. B. Sinha, learned counsel for the petitioners and Mr. A. M. Lodh, learned senior counsel, assisted by Mr. A. Lodh, learned counsel for the respondent.

(3.) The case of the petitioners is that the Impugned Judgment was delivered on 14-3-2002 and the decree was drawn on 26-3-2002. The petitioners applied for certified copy of the Judgment and decree on 21-3-2002 and the same was made ready on 18-4-2002. The said documents were obtained by them on 4-5-2002. Thereafter on 21-5-2002 the petitioner No. 4 requested the Additional Government Pleader, who conducted the case before the trial Court, to give his opinion in the matter and also to intimate the time limit for filing the appeal. The Addl. G.P. after going through the file gave his opinion on 3-6-2002 by advising that the file might be examined by the Law Department. On receipt of the said opinion, the file was referred to the petitioner No. 3 by transmitting from Dharmanagar to Kumarghat on 3-6-2002. The petitioner No. 3 after receiving the file, endorsed the same to the petitioner No. 2 on 7-6-2002, which was transmitted on the same day. The petitioner No. 2 received the file on 12-6-2002 and on 16-7-2002 he sent the matter to the Law Department for opinion requesting to advise the administrative department as to whether the payment of the decretal amount would be made to the claimant or otherwise. The Law Department, who received the file on 19-7-2002, returned the file to the petitioner No. 2 on 26-7-2002 by observing that there were good grounds for appeal against the impugned Judgment as early as possible and since the time of filing appeal had already been expired by making an application for condonation of delay. The file was received by the petitioner No. 3 on 29-7-2002 and was again sent to the Addl. G.P. on the same day. Though the file was received by the Addl.G.P. on 29-7-2002, the same was returned by him only on 13-12-2002. In returning the file on 13-12-2002, the Addl. G.P. advised that the matter be placed before the Government Advocate for filing of appeal immediately, On receipt of the file, the petitioner No. 3 sent the file to the Govt. Advocate, namely, Sri N. C. Paul. Sri N. C. Paul then endorsed the file to the Ld. Government Advocate, Tripura for action on 6-1-2003. The learned Government Advocate, however, sent the file to the Legal Remembrancer, Tripura advising that Shri R. B. Sinha, Advocate may be engaged for preferring an appeal to avoid further delay in filing the appeal. On 8-1-2003 the Legal Remembrancer issued the appointment letter of Mr. R. B. Sinha, Advocate. On receipt of the file by the said Mr. R. B. Sinha on 9-1-2003, he requisitioned some documents viz. notice under Section 80, CPC, plaint, written statement as well as copies of evidence of the trial Court, for which some officials of P.W.D. had to be sent to Dharmanagar on two occasions to obtain certified copies of the said documents .from the trial Court. After receiving all the aforesaid documents, the said Mr. R. B. Sinha on 21-1-2003, the memo of appeal etc. were prepared by him and the appeal filed on 27-1-2003. The petitioners submit that under those circumstances the delay has occurred and the grounds of delay being bona fide, the same may be condoned.