Shri Gopi Nath Dalui vs Sukumar Bhusan Nandy
2021 Latest Caselaw 531 Cal

  9.
25.01.2021

S.D.

S.A.T. 268 of 2019 With CAN 1 of 2019 (Old No. CAN 8270 of 2019) CAN 2 of 2029 (Old CAN No. 8271 of 2019)

Shri Gopi Nath Dalui vs Sukumar Bhusan Nandy

Mr. Sounak Bhattacharya ...For the Plaintiffs/Appellants.

In re: CAN 1 of 2019 (Old No. CAN 8270 of 2019)

This is an application under Section 5 of the Limitation

Act for condonation of delay in preferring an Appeal.

Being aggrieved by and dissatisfied with the decree

passed by the First Appellate Court, the petitioner/appellant

preferred an application under Order 47 Rule 1 of the Code of

Civil Procedure praying for review of the judgment and

decree registered as Misc. Case No. 898 of 2019 but the

Appeal Court below by an Order No. 41 dated 26.6.2019 was

pleased to dismiss the same.

Against the order of dismissal, the petitioner/appellant

applied for certified copy of the order dated 26.6.2019 on

27.6.2019, and the requisites were notified on 2.7.2019 which

were put in on same day and the certified copy was made

ready for delivery on 2.7.2019. And immediately after

obtaining the certified copy, the petitioner/appellant reached

the chamber of the learned Advocate on 4.7.2019 holding

conference to take advice as to the opinion of preferring

appeal.

Thereafter on 10.7.2019, all documents were handed

over for preparation of Memorandum of Appeal and

ultimately on 19.9.2019, the petitioner/appellant came to

Court to affirm the instant application and on 25.7.2019, the

Memorandum of Appeal was affirmed and filed before the

Hon'ble Court. It is submitted that the delay in preferring the

appeal is only for 46 days and there has been no laches or

otherwise intentional delay caused by the

petitioner/appellant.

Having heard learned Advocate for the

petitioner/appellant and in consideration of the explanation

offered in various paragraphs of the application, I am

satisfied with the grounds for delay in preferring the appeal,

accordingly, the delay of 46 days is condoned.

Hence, application under Section 5 of Limitation Act

being CAN 1 of 2019 (Old No. CAN 8270 of 2019) is disposed of.

No order as to costs.

Now, 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.

(Shivakant Prasad, J.)