MUSTAFA SHAHIDUL ISLAM Vs. MANJULA HOQUE ISLAM (MUSSTT)

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 100 of the Code of Civil Procedure against an order dtd. 4/11/2022 whereby the learned Civil Judge No.2, Kamrup (M) had rejected the Misc.(J) Case No. 187/2018 which was filed under Sec. 5 of the Limitation Act for condonation of delay.

(2.) The facts in brief which transpire from the materials on record is that the present appellant was the defendant in a suit instituted for declaration of right, title and interest which was registered as T.S. No. 437/2007. It is contended that during the pendency of the suit, the records thereof were transferred to another Court. Though the appellant, as defendant had initially contested the suit, subsequently, the appellant was not aware of the return of the records. The appellant has also cited that due to medical reasons, the appellant had to undergo treatment outside the State including AIIMS, New Delhi and other places. The appellant was not aware of the disposal of the suit on 17/5/2017 and after coming to know about the same had preferred Title Appeal No. 17/2018 along with an application under Sec. 5 of the Limitation Act which was registered as Misc.(J) Case No. 187/2018. The learned Court vide the impugned order dtd. 4/11/2022 had rejected the said Misc.(J) case and consequently, the title appeal was also dismissed.

(3.) I have heard Shri PK Kalita, learned Senior Counsel assisted by Shri K.R. Baruah, learned counsel for the appellant. I have also heard Shri KK Mahanta, learned Senior Counsel assisted by Ms. N. Begum, learned counsel for the respondent no. 1.