ASKAR ALI Vs. NOBIULLAH SHEIKH

JUDGEMENT

(1.) This is an appeal under Sec. 100 of the Code of Civil Procedure 1908 (for short, the Code) challenging the order dtd. 24/3/2022 passed in Title Appeal No.16/2021 whereby the application under Sec. 5 of the Limitation Act, 1963 (for short, the Act of 1963) registered as Petition No.4947/21 dtd. 21/12/2021 was rejected thereby the accompanying appeal which was filed being Title Appeal No.16/2021 was dismissed being barred by limitation. The consequential effect is that the judgment and decree dtd. 25/1/2021 in Title Suit No.236/2015 was affirmed.

(2.) This Court vide an order dtd. 3/5/2024 had admitted the instant appeal by formulating the following substantial question of law:

(3.) The question arises in the instant proceedings as to whether the learned First Appellate Court i.e. the Court of the learned Civil Judge, Dhubri was justified in rejecting the application for condonation of delay taking into account the order dtd. 10/1/2022 passed by the Supreme Court in the Suo Motu Writ Petition (C) No.3/2020. This Court finds it very pertinent to take note of that in paragraph 5 of the said order passed by the Supreme Court, it was categorically observed that the period from 15/3/2020 till 28/2/2022 shall be excluded for the purpose of limitation as may be prescribed under the general or special laws in respect to all judicial and quasi-judicial proceedings. It was further stipulated that in case where the limitation would have expired during the period between 15/3/2020 to 28/2/2022, notwithstanding, the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 1/3/2022.