Suman Shyam, J. - (1.) THIS misc. case has been filed by the applicants praying for condonation of delay of 1576 days in filing the connected first appeal challenging the ex parte decree dated 19 -05 -2010 passed by the Civil Judge, Nagaon in Money Suit No. 6/1996.
(2.) HEARD Mr. P.K. Deka, learned counsel for the applicant. Also heard Mr. B. Banerjee, learned Sr. counsel assisted by Mr. R.C. Paul, learned counsel appearing for opposite party/respondent. The facts and circumstances leading to the explanation for delay in preferring the appeal as indicated in the application may be noticed as follows. The respondent through her husband had instituted Money Suit No. 6/1996 in the court of Civil Judge, Nagaon against M/s. Jain & Associates a partnership firm, impleading it as the defendant No. 1, the partners Jogender Kumar Jain, Sushila Jain and Anuradha Jain as defendant Nos. 2, 3 and 4 respectively. The defendant No. 2, 3 and 4 were impleaded in their capacity as the partners of the defendant No. 1 partnership firm. The relief prayed for in the suit is that of a decree for a sum of Rs. 48,88,822/ - together with interest.
(3.) THE original defendants had contested the suit by filing written statement. During the pendency of the Money Suit, the defendant No. 2 Jogender Kumar Jain expired as a result of which the present applicants, being his legal heirs had been substituted by an order dated 25 -05 -2005 at the instance of the opposite party/plaintiff. Thereafter, the defendant No. 3 Sushila Jain had also expired on 05 -10 -2007.;