CHAIRMAN CUM MANAGING DIRECTOR Vs. MD. KUTUB UDDIN
HIGH COURT TRIPURA
CHAIRMAN CUM MANAGING DIRECTOR
Md. Kutub Uddin
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Arindam Lodh,J. -
(1.) None appears for the appellants. Heard Mr. Raju Datta, learned counsel appearing for the respondents.
(2.) This second appeal has been filed by the appellants under Section 100 of the Code of Civil Procedure being aggrieved by the Appellate Order dated 27.01.2017 passed by the learned District Judge, North Tripura, Dharmanagar in Case No. Civil Misc. 29 of 2016 arising out of Money Appeal No.02 of 2016 rejecting the application filed under Section 5 of the Limitation Act.
(3.) Briefly stated, the plaintiffs instituted a money suit claiming Rs.5,40,000/- payable by the defendant-Tripura State Electricity Corporation Limited (for short 'TSECL') and the said suit was decreed in favour of the plaintiffs. The TSECL had preferred an appeal before the learned District Judge stating that there was some delay in preferring the appeal under Section 91 of the CPC. The said petition for condoning the delay of 253 days in preferring the appeal was dismissed by the learned First Appellate Court on the ground that the petitioners could not come out with an appropriate explanation for such delay. The learned First Appellate Court further held that the contentions of the petitioners regarding delay were not correct and supported by acceptable documentary proof. The learned First Appellate Court further observed that there was no documentary proof to support the contention of the petitioner-appellant and there was gross negligence on the part of the petitioner-appellants to take action in time.;
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