Court : Guwahati
Decided on : Mar-15-2012
S. Talapatra.J. 1. Heard Mr. D. R. Choudhury, learned counsel appearing for the appellant-petitioner and Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. R. Datta, learned counsel appearing for the respondent No.1. 2. Since the appeal under Section 96 of the Code of Civil Procedure, 1908 could not be filed by the appellant-petitioner in the prescribed period of limitation against the judgment and preliminary decree dated 26.07.2011, passed by the learned Civil Judge, Senior Division, Court No.2, West Tripura, Agartala in T.S.(P) No. 24 of 2010, this petition under Section 5 of the Limitation Act has been filed by the appellant-petitioner seeking condonation of the delay of 67 days for preferring the said appeal. 3. For assigning cause for delay in preferring the appeal within the prescribed period, the appellant-petitioner averred in paragraph-16 of the petition that the judgment and preliminary decree was passed on 26.07.2011 and due date of presenting the appeal was on or be...
Tag this Judgment!Court : Guwahati
Decided on : Mar-15-2012
S. Talapatra.J. 1. Heard Mr. D. R. Choudhury, learned counsel appearing for the appellant-petitioner and Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. R. Datta, learned counsel appearing for the respondent No.1. 2. Since the appeal under Section 96 of the Code of Civil Procedure, 1908 could not be filed by the appellant-petitioner in the prescribed period of limitation against the judgment and preliminary decree dated 26.07.2011, passed by the learned Civil Judge, Senior Division, Court No.2, West Tripura, Agartala in T.S.(P) No. 24 of 2010, this petition under Section 5 of the Limitation Act has been filed by the appellant-petitioner seeking condonation of the delay of 67 days for preferring the said appeal. 3. For assigning cause for delay in preferring the appeal within the prescribed period, the appellant-petitioner averred in paragraph-16 of the petition that the judgment and preliminary decree was passed on 26.07.2011 and due date of presenting the appeal was on or be...
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