RAM BRIKSH MISTRY Vs. MOSTT SAKUNATALA DEVI

JUDGEMENT

(1.) 1. Heard Mr. Sandeep Kumar Said for the petitioners, and Mr. S.I. Majumdar for the opposite parties.

(2.) The decree -holders are the petitioners. This civil revision application is directed against the order dated 1 -3 -96, passed by the Execution Munsif, Patria, in Execution case No. 22 of 1990 Ram Briksh Mistri and Anr. v. Mostt. Sakuntala Devi and Ors. whereby the decree -holders' objection with respect to the Pleader -Commissioner's report has been over -ruled.

(3.) Before I enter into the merits of the matter, I must deal with the application for condonation of delay in filing this civil revision application. The impugned order was passed on 1 -3 -96, and this civil revision application was instituted in this Court on 14 -11 -96, 24 -6 -96 being the last date of limitation, there was thus a delay of five months and twenty days in preferring this civil revision application. The petitioners have filed an application under Section 5 of the Limitation Act for condonation of the delay in preferring this civil revision application. The sole ground stated by him in the condonation application is that the petitioners herein are husband and wife. Petitioner No. 1 is aged about 65 years and he was suffering from Infective Hepatitis and Anaemia from 12 -5 -96 to 7 -11 -96. He recovered from his ailment on 7 -11 -96 and resumed his normal functions on that dale. The period of illness is supported by a medical certificate dated 12 -5 -96 (Annexure -1) issued by Dr. Akhilesh Kumar. Learned Counsel further submitted that the petitioners are an old couple and there was none else in the family to look after their litigation.