Smt. Rama Roy Chowdhury & Ors vs Smt. Gita Rani Pal
2021 Latest Caselaw 2515 Cal

  15.
26.03.2021
  S.D.

                                    S.A.T. 120 of 2018
                                          With
                        CAN 1 of 2019 (Old CAN No. 11015 of 2019)
                        CAN 2 of 2019 (Old CAN No. 11017 of 2019)

                             Smt. Rama Roy Chowdhury & Ors.
                                           Vs.
                                    Smt. Gita Rani Pal

                  Mr. Animesh Paul
                  Ms. Fatima Hasan
                  Ms. Shaloni Basu
                                                      ..For the Appellants.

                  Affidavit of service filed in Court be kept on record. The

             track report shows the service effected upon the respondent.

In re: CAN 1 of 2019 (Old CAN 11015 of 2019)

This is an application under Section 5 of the Limitation Act,

1963 praying for condonation of delay in filing the instant appeal

inter alia on the grounds that the Appeal Court was pleased to set

aside the judgment and the decree passed in Title Suit No. 173 of

2006 by a judgment and decree dated 6.1.2018. Challenging the

said appellate judgment, the appellants have preferred the

appeal, but the appeal is time barred by 7 days as per the report

of the Stamp Reporter. In this application, the appellants herein

have contended that they were informed about the appellate

judgment and decree on 30.1.2018 by their learned Advocate.

Certified copy was applied for on 7.2.2018 and obtained on

26.2.2018. Thereafter, the learned Advocate practicing in the

High Court was contacted and the appellants were advised to

bring all papers and documents pertaining to the suit and appeal

including the certified copy of the judgment and decree passed by

the Trial Court for the purpose of preparing the Memorandum of

Appeal. The Memorandum of Appeal was finalized and

immediately filed before this Court on 23.4.2018 which according

to the appellants is beyond a period of 10days in filing the appeal,

hence, condonation of delay has been prayed for ends of justice.

Considering the explanation offered, the application is

allowed condoning the delay of 7 days in preferring the appeal.

Thus the application being CAN 1 of 2019 (Old CAN No.

11015 of 2019) is allowed and disposed of without any order as to

costs.

Let the matter be placed before the appropriate Division

Bench of the Hon'ble Court for hearing under Order XLI, Rule 11

of the Civil Procedure Code.

(Shivakant Prasad, J.)