RUPESWAR SAIKIA Vs. ANIRAM SAIKIA

JUDGEMENT

(1.) THIS is an application under section 115 of the Civil P. C. directed against an order dated 20-9-79 passed by Shri S.M. Deka, Assistant District Judge, Jorhat, in Title Appeal No. 26 of 1979 rejecting prayer of the petitioner for condonation of delay in presenting the appeal.

(2.) IT is indubitable that the judgement of the court of the first instance was delivered on 31-3-79 and the decree was drawn up on the same date though signed on 5-4-1979. It is also inescapable that the petitioner-appellant did not make any application for getting the certified copies of the judgement and decree until 3-5-79. The petitioner-appellant made an application for obtaining copies of the judgement and decree on 3-5-79 and presented the appeal on 5-5-79.

(3.) IN any view of the matter the Appellate Court arrived at the conclusion that remaining 'engrossed in marriage', on the facts and in the circumstances of the case was not a sufficient cause and the finding cannot be termed as perverse so much so that no reasonable person instructed in, law could have so concluded. Under these circumstances I do not find that the Judge has committed any error whatsoever.