SHANKAR JEE Vs. SURENDRA KUMAR GUPTA

JUDGEMENT

(1.) COUNSEL on behalf of appellant and respondents are present.

(2.) WITH the consent of both the parties this appeal is being finally disposed of at this stage.

(3.) LEARNED counsel of appellant submits that father of appellant had filed Title Suit No. 100 of 1982/186 of 1989 for declaration of title and recovery of possession which was dismissed and thereafter father of appellant filed Title Appeal No. 24 of 1991 which was dismissed on 25.6.2001 for non -prosecution. It is further submitted that the fact that Title Appeal No. 24/91 was dismissed came to the knowledge of appellant on 20.1.2002 when respondents started fixing pillars on the suit land and thereafter appellant came to Chapra Civil Court on 2.1.2002 and applied for inspection of records and inspected the records on 23.1.2002 and thereafter he fell ill due to cold and fever and after recovery from illness, Misc. Case No. 1/2002 was prepared on 28.1.2002 and was filed on 29.1.2002. It is also submitted that 26.1.2002 and 27.1.2002 were holidays. Learned counsel of appellant further submits that an application under section 5 of Limitation Act for condoning the delay in filing the Misc. Case was also filed but the court after hearing the parties dismissed the case.