MUHIBUL ISLAM Vs. IKRAMUL MAJID

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 100 of the Code of Civil Procedure challenging a judgment and decree dtd. 26/8/2016 passed by the learned Civil Judge, Sivasagar in Title appeal No. 26/2016 whereby the application for condonation of delay in preferring the said appeal has been dismissed. The appeal was preferred against the initial judgment and decree dt. 16/11/2015 passed by the learned Munsiff No.1, Sivasagar in TS No. 77/2010. The appellant was the defendant in the said suit.

(2.) The TS No. 77/2010 was instituted by the present respondent as plaintiff for declaration that the defendant has no right to transfer the parental dwelling house and land to strangers. It was the stand of the appellant/defendant that the property, which he was seeking to transfer, was not the parental property. Be that as it may, the suit was decreed in favour of the plaintiff by the judgment and decree dtd. 16/11/2015.

(3.) The appellant herein had preferred an appeal before the learned Civil Judge, Sivasagar in Title Appeal No. 26/2016. The said appeal however being barred by limitation, an application was filed under Sec. 5 of the Limitation Act, 1963 for condonation of delay of 31 days. The learned Civil Judge, Sivasagar however, vide the impugned order dtd. 26/8/2016 had rejected the application for condonation of delay and consequently the Title Appeal was also dismissed. It is the legality and validity of the said order which is the subject matter of challenge in this appeal.