CHANDAN KUMAR GOPE Vs. JABA NANDI

JUDGEMENT

(1.) The order dated 15.3.99 passed by the learned Addl. District Judge, Dharmanagar, North Tripura, in T.A. No. 7 of 97 refusing to condone a delay of 2 months 22 days in filing an appeal against dismissal of the T.S. No. 7 of 97 by the learned Civil Judge, Sr. Division, Dharmanagar has been called in question in the present revision petition.

(2.) I have heard Mr. B. Das, learned Sr. counsel assisted by Ms. S. Das for the petitioner and Mr. D. K. Biswas, learned counsel for the respondent.

(3.) Mr. B. Das, learned counsel for the petitioner submitted that the question of limitation should always receive a liberal consideration as otherwise the substantial justice may become a casualty at the altar of sheer tech- nicality. Giving reference to Order VII rule 6 of the CPC he advanced another argument that there were good grounds for exemption from the law of limitation. The plaint which was presented before the learned trial court was filed after the period of limitation as held by that court. The above rule, as sought to be relied on by Mr. Das, provides as follows: