AMRIT KALITA Vs. RAJANI KANTA KALITA

JUDGEMENT

(1.) Heard Mr. AD Choudhury, learned counsel assisted by Mr. D Choudhury, learned counsel for the applicant/petitioner and Mr. A Iqbal, learned counsel for the respondent No.1.

(2.) The petitioner herein, has filed a second appeal against the judgment and order passed in Misc Appeal No.18/2014 (corresponding to old Misc Appeal No.20/2012). As the said second appeal was filed beyond the period of limitation, the present application under Section 5 of the Limitation Act has been filed praying for condonation of delay of 1293 days.

(3.) Explaining the delay, the petitioner stated in the petition that the respondent herein, as plaintiff filed a suit (Title Suit No.272/2003) for specific performance of contract, which was decreed on 30.11.2004 and an execution proceeding being Title Execution Case No.23/2005 was instituted for execution of the said decree. When the Nazir of the Court visited the suit land on 15.06.2007 in connection with the execution of the decree, the present petitioner came to know about the decree, wherein, the petitioner was not a party. However, the land in possession of the petitioner was included in the suit property. Therefore, the present petitioner filed an application under Order 21 Rule 97 read with Rule 99 CPC which was rejected by the learned trial court.