STATE OF BIHAR Vs. BASUDEO LAL GUPTA

JUDGEMENT

(1.) This second appeal has been filed by the defendant-appellant, the State of Jharkhand, against the judgment and decree dated 10-10-2002 passed by VIIth Additional District Judge, Hazaribagh in Title Appeal No. 51/99 affirming the judgment and decree dated 7-8-99 passed by Munsif, Koderma decreeing Title Suit No. 67/88. The plaintiff-respondent filed the aforementioned Title Suit No. 67/88 for declaration of title and possession over the suit land and in the alternative for recovery of possession.

(2.) The instant second appeal filed by the appellant is barred by limitation and the period of delay is 1847 days, for which a separate application being I. A.No. 400/2008 has been filed under Section 5 of the Limitation Act.

(3.) In the limitation petition it is stated that title appeal in the court below was being conducted by one Sri Kedar Nath Sahay, Additional Government Pleader, Hazaribagh, who died immediately after the appeal was disposed of but the result of the appeal was not communicated to the appellant. It is stated in the petition that the plaintiff-respondent also did not disclose this fact for so many years and maintained silence. It was only in December, 2006 the plaintiff-respondent disclosed this fact that the appeal filed by the appellant has been dismissed. Thereafter the appellant started searching of the file and ultimately with great difficulty it was found that the case was being conducted by Mr. Kedar Nath Sahay, the then Additional Government Pleader. After getting the file the appellant requested the Government Pleader, Hazaribagh to obtain the certified copy of the judgment and decree. After obtaining certified copy of the judgment and decree the same was sent to the Deputy Commissioner, Hazaribagh and from there to the Government. The Law Secretary, Jharkhand, Ranchi then sent the file for legal opinion to the office of the Advocate General, from there legal opinion was granted. Accordingly, on receipt of the file from the office of the Advocate General, the instant appeal has been filed.