Kabedul Mondal & Anr vs Nurul Hoda & Ors
2021 Latest Caselaw 266 Cal

   9.
19.01.2021
  S.D.

                                  S.A.T. 143 of 2019
                                        With
                       CAN 1 of 2019 (Old CAN No. 5942 of 2019)
                       CAN 2 of 2019 (Old CAN No. 9050 of 2019)

                                 Kabedul Mondal & Anr.
                                          Vs.
                                   Nurul Hoda & Ors.

                   Mr. Prosenjit Mukherjee
                   Mr. Saptarshi Chakraborty
                                               ....For the Appellants.

                   Mr. Jahangir Hossain
                                   .....For the respondent no. 1A. & 2.

Affidavit of service filed in Court be kept on record.

Pursuant to the affidavit, Mr. Jahangir Hossain, learned

Advocate appearing on behalf of the respondent nos. 1A and

2, the service be considered as complete.

In re: CAN 9050 of 2019

This is an application for condonation of delay of 14

days in preferring the appeal.

It is submitted that the impugned judgment and decree

was passed on 11.12.2018 and the appellants through the

clerk of the learned Court below submitted application for

Certified Copy of the impugned judgment and decree on

14.12.2018 and the Certified Copy was delivered on

19.01.2019. The due date of filing of the instant

memorandum of appeal was on 16.4.2019, but the same was

filed on 1.5.2019 and there is delay of 14 days in filing the

instant appeal.

It is submitted that the appellants are the residents of

remote village in the district of Birbhum and the distance

between the appellants' residential premises to Kolkata is

nearly about 300 kms. and appellant no. 1 is aged about 59

years old and is a cultivator and the appellant no. 2 is a

Pardanasin and for that there was a bit delay in preferring the

appeal, but the delay is not inordinate and there is no laches

on the part of the appellants in preferring the appeal.

Having heard the learned Advocates for the parties and

in consideration of the sufficient ground being offered, I am

satisfied with the grounds so made in the application in

considering the application for condonation of delay.

Accordingly, the application under Section 5 of the

Limitation Act is considered and allowed. The delay of 14

days in preferring the appeal is condoned.

Thus, CAN 2 of 2019 (Old CAN No. 9050 of 2019) is

disposed of.

There will be no order as to costs.

Let the matter be placed before the appropriate

Division Bench of this Hon'ble Court for hearing under Order

41 Rule 11 of the Code of Civil Procedure.

Urgent certified copies of this order, if applied for, be

given to the parties upon compliance of the usual formalities.

(Shivakant Prasad, J.)