MUSARAF HUSSAIN Vs. MORTAZA HUSSAIN

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff under Order 43 Rule 1 of the C P Code against an order dated 09.01.2014 passed by Civil Judge, Darrang, Mangaldoi, in Misc. (J) Case No. 32 of 2012.

(2.) BY the impugned order, learned Civil Judge dismissed the application made by the plaintiff under Order 9 Rule 9 of the C P Code on the ground of delay in filing the application late by 5 years 7 months and 19 days.

(3.) THE appellant's civil suit being Title Suit No. 27 of 2003 was dismissed for want of prosecution on 11.07.2006 by the Civil Judge. The appellant therefore filed an application under Order 9 Rule 9 to recall the order on 15.05.2012. Since there was delay of 5 years 7 months and 19 days in filing the application under Order 9 Rule 9 ibid and therefore an application under Section 5 of the Limitation Act was also made by the appellant seeking condonation of delay in filing the application. It is this application which was dismissed by the learned Civil Judge holding that delay being inordinate and the appellant having failed to make out sufficient cause as required under Section 5 of Limitation Act, the application filed under Order 9 Rule 9 ibid was liable to be dismissed as being barred by limitation. It was accordingly dismissed as barred by time. It is this order which is now impugned in this appeal.