SAT/118/2020
2021 Latest Caselaw 1074 Cal

52       05.02.2021
sd

Ct .9.                                     SAT 118 of 2020


                               Mr. Sourav Sen
                               Ms. D. Sukla
                               Mr. C. Debnath
                                                   ..For the appellants/applicants.


                               Mr. T.K. Bhattacharrya
                               Mr. I. Dasgupta
                               Ms. P. Bhowmick
                               Mr. A. Bhattacharrya
                                                  ..For the respondent no. 2/O.P.

Re: CAN 1 of 2020

Heard learned advocate for both the parties.

This is an application for condonation of delay of

about 685 days. The delay in filing the said appeal has been

calculated as per the paragraph 11 of the application.

Having regard to the averments made in

paragraphs 6, 9 and 10, that the petitioners/appellants are

poor and rustic villagers residing far from Kolkata with no

knowledge about the judgment and the decree passed in

partition appeal, and for the financial stringency, not taken

step in time to present the said appeal on advice of their

lawyer and further in view of pandemic situation due to

Covid-19 leading to lockdown situation in the country,

explanation offered in the said paragraphs of the application

is accepted as satisfactory and the delay of 685 days in

preferring the appeal is thus, condoned.

Accordingly, application under section 5 of

Limitation Act being CAN 1 of 2020 is disposed of.

Let the matter be placed before the Hon'ble

appropriate Division Bench for hearing under Order 41 Rule

11 CPC.

(Shivakant Prasad, J. )