LAKHYADA BALA TALUKDAR Vs. JOGESWAR TALUKDAR

JUDGEMENT

(1.) Heard Mr. C. Goswami, learned counsel for the appellant. Also heard Mr. A. Das, learned counsel appearing for the respondent.

(2.) This second appeal has been filed by the plaintiff being aggrieved by the judgment and order dated 26-11-2007 passed by the learned District Judge, Barpeta in Title Appeal No. 04/2007 dismissing the appeal filed by the present appellant holding the same as a nullity since the memorandum of appeal was filed impleading Jogeswar Talukdar i.e. the original plaintiff who had died before the presentation of the appeal. The facts leading to the passing of the impugned judgment and order is that the original plaintiff, Jogeswar Talukdar had instituted Title Suit No. 46/2003 in the court of learned Civil Judge, Barpeta seeking a decree declaring right, title and interest and also for a decree of partition against the present appellants defendants. Be it mentioned herein that the dispute involved in the title suit was amongst the parties having a common ancestor.

(3.) Title Suit No. 46/2003 was decreed in favour of the plaintiff on 18-09- 2006. Being aggrieved by the judgment and decree dated 18-09-2006 passed in Title Suit No. 46/2003, the present appellants had preferred an appeal in the court of learned District Judge, Barpeta on 29-01-2007 along with a application praying for condonation of delay of 62 days in filing the appeal.