Shibapada Roy vs Sankar Roy And Anr
2022 Latest Caselaw 6815 Cal

21.09.2022
  KC(22)



                                 S.A.102 of 2022
                                 Shibapada Roy
                                     -versus-
                               Sankar Roy and Anr.
                                       With
                                  CAN 1 of 2022



             Mr. Rwitendranath Banerjee,
             Ms. Maheswata Pramanik.............For the appellant.


                   An affidavit of service is on record.

                   None     appears    for     the     respondents.    No

accommodation is sought.

The appellant is aggrieved by the judgment and

order dated 20th December, 2021 of the first appellate

court dismissing his application for condonation of 227

days' delay in preferring the appeal. The appeal was

against a preliminary decree of the learned first court.

The effect of this impugned judgment and order would

be affirmation of the preliminary decree.

Taking all facts and circumstances into

consideration we are of the view that the learned first

appellate court ought to have condoned the delay and

heard out the appeal on merits.

Accordingly, we set aside the judgment and order

dated 20th December, 2021 passed by the learned

District Judge, Barasat in Title Appeal No. 15 of 2020

and direct the learned first appellate court to hear out

the appeal on merits within six months of

communication of this order, preferably.

The appeal (S.A. 102 of 2022) and the connected

application (CAN 1 of 2022) are disposed of.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)