SHAMBHU BHUMIJ Vs. KALOMANI MAHATAN

JUDGEMENT

(1.) The instant misc. appeal has been filed along with I.A. No. 11800 of 2025 for condonation of delay of 331 days in preferring the present restoration application for restoring S.A. No. 112 of 2013 which was dismissed for default for non-compliance of the peremptory order dtd. 6/5/2024.

(2.) The petitioner was the plaintiff in Original Partition Suit No. 37/1988 which was filed for partition. The said suit was dismissed vide judgment dtd. 29/11/1990 by learned Sub-Judge-II, Seraikella. Against the judgment of dismissal, Title Appeal No. 48/2003 was preferred which was also dismissed by the learned First Appellate Court vide judgment dtd. 12/3/2013. Against which, S.A. No. 112 of 2013 was preferred which has been dismissed for default, against which the instant civil misc. has been filed.

(3.) Heard learned counsel appearing on behalf of the petitioners in this interlocutory application (I.A. No. 11800 of 2025). which has been filed under Sec. 5 of the Limitation Act for condonation of delay of 331 days.