SETHI COKE INDUSTRIES Vs. JAMSHED ALI

JUDGEMENT

(1.) Heard Mr. D. Baruah, learned counsel, appearing for the petitioner. Also heard Mr. A. Barkakati, learned counsel for the respondent No. 1.

(2.) By this application filed under Article 227 of the Constitution of India, the petitioner, who filed Title Appeal No. 8/2012 in the court of the learned Civil Judge No. 3 Kamrup, Guwhati has challenged the orders dated 23.8.2012, passed by the learned Civil Judge No. 3, Kamrup, Guwahati in Misc. (J) Case No. 3/2012 and the Title Appeal No. 8/2012. By the impugned orders, the learned Civil Judge dismissed the petition filed by the petitioner under Section 5 of the limitation Act, for condonation of delay of 326 days in preferring the said appeal against the judgment and decree dated 17.01.2011 passed in T.S. No. 28/2008. The learned Civil Judge by the impugned order also rejected the Memo of Appeal.

(3.) The respondent No. 1, as plaintiff, instituted the said Title suit, seeking decree for declaration of right, title and interest and confirmation of possession and also for cancellation of the sale deed executed by the defendant No. 1 in favour of the defendant No. 2 of the said title suit. The petitioner, as defendant No. 2 contested the said suit by filing written statement. Having heard the learned counsel for both the parties, the learned trial Judge, by the impugned judgment and decree, dated 17.01.2011, decreed the suit in favour of the plaintiff. The said decree was put to execution and the executing court issued notice to the judgment debtor. The petitioner as judgment debtor received the said notice on 12.10.2011. After receipt of the said notice, the petitioner applied for certified copy of the judgment and decree on 01.11.2011 and obtained the same on 14.11.2011. On receipt of the certified copy of the said judgment and decree, the petitioner engaged his counsel and prepared memo of appeal against the judgment and decree dated 17.01.2011 and filed the appeal with an application under Section 5 of the Limitation Act seeking condonation of delay of 326 days.