KSHITISH NATH Vs. DHARMESWARI DEVI

JUDGEMENT

(1.) This application has been filed under Section 5 of the Limitation Act, seeking condonation of delay of a period of 1252 days in preferring the second appeal against the judgment and order, dated 07.09.2004, passed, in Title Appeal No. 12/2002, whereby judgment and decree, dated 29.04.2002, passed, in Title Suit No. 53/1983, was upheld.

(2.) Heard Mr. A. R. Banerjee, learned Senior Counsel, appearing on behalf of the applicants, who were defendants in the suit, and Mr. D. Mazumdar, learned counsel, appearing on behalf of the plaintiff-opposite party.

(3.) Since the period of delay is of as many as 1252 days, the reasons, assigned by the applicants for seeking condonation of delay, can be best gathered from the averments made, in this application, by the defendants-applicants. The relevant averments, made in this application, are, therefore, reproduced hereinbelow :