UNION OF INDIA Vs. SRI GIRISH DAS BISWAS

JUDGEMENT

(1.) Heard Mr. B. N. Gogoi, learned counsel appearing for the appellant. Also hard Mr. S. K. Ghosh, learned counsel appearing on behalf of the respondent No.1.

(2.) This Second Appeal is directed against the judgment and order dated 05.01.2016 passed by the learned Civil Judge, Dhubri in Title Appeal No.29/2015 refusing to condone the delay of 15 years in preferring the appeal against the judgment and decree dated 07.11999 passed by learned Civil Judge (Junior Division) No.1, Dhubri Title Suit No.320/1998 , thereby dismissing the appeal.

(3.) It appears from the record that the respondent No.1, as plaintiff, had earlier instituted Title Suit No.320/1998 before the Court of Civil Judge, Junior Division No.1, Dhubri against the present appellant and the aforesaid suit was decreed by the trial Court on 07.12.1999. The appellant railways had assailed the judgment and decree dated 07.12.1999 by filing the aforementioned appeal only in the year 2015 i.e. after a delay of more than fifteen years. The learned Lower Appellate Court was of the view that the appellant had the knowledge about the judgment and decree way back in the year 2001 and since there was no proper explanation for the delay, the prayer for condonation of delay was rejected.