BAGENDRA NATH TIWARI Vs. SHAMDEO SINGH

JUDGEMENT

(1.) The present civil revision has been preferred against the judgment dtd. 23/3/2013 passed by the Principal District Judge, Palamau at Daltonganj in Title Appeal No. 13/2005 whereby the Court below has declined to hear the appeal filed under Sec. 96 of CPC. I.A. No. 2119/2020 has been filed on behalf of the petitioners for condonation of delay of 2435 days in filing the present civil revision.

(2.) Learned counsel for the petitioners submits that some of the petitioners had earlier filed a writ petition being W.P.(C) No. 3379/2013 before this Court challenging the impugned judgment dtd. 23/3/2013. The said writ petition, however, remained pending for considerable period and finally vide order dtd. 31/1/2020, the same was dismissed as withdrawn by a Bench of this Court with liberty to the petitioners to approach appropriate forum. Under the said circumstance, the delay of 2435 days in filing the present civil revision may be condoned.

(3.) In course of consideration of I.A. No. 2119/2020 filed for condonation of delay committed in filing the present civil revision, this Court also intends to go through the impugned judgement dtd. 23/3/2013 passed by the Principal District Judge, Palamau at Daltonganj in Title Appeal No. 13/2005. On perusal of the said judgment, it appears that the Appellate Court declined to entertain the appeal on merit on the ground that the same was not maintainable in view of Sec. 54 of the Land Acquisition Act, 1894 [hereinafter referred to as 'the Act, 1894'].