BHARAT PRASAD GUPTA Vs. RAJJAK

JUDGEMENT

(1.) This is an application preferred under Sec. 5 of the Limitation Act, 1963 for condonation of delay. According to paragraph 2 of the application, there is a delay of 7 years and 11 months. However, the prayer seeks condonation of delay of 4 years and 11 months only.

(2.) Briefly, the applicant was the landlord of the tenanted premises - a shop, and the respondent was the tenant. During the pendency of Regular First Appeal No. 3 of 2014 before this Court, against the judgment dtd. 30/11/2013 passed by the learned District Judge, South Sikkim at Namchi in Eviction Suit No.01/2009 filed by the applicant against the respondent, a deed of agreement dtd. 26/9/2014 (deed of agreement) was entered upon. In terms of the deed of agreement, this Court disposed of the appeal making the deed of agreement part of the decree in appeal dtd. 27/9/2014 (decree in appeal).

(3.) By preferring the connected application under Order XXIII Rule 3A and Sec. 151 of the Code of Civil Procedure, 1908 (CPC), the applicant seeks to set aside the deed of agreement and the decree in appeal.