S.P. Talukdar, J. - (1.) The present application under Article 227 of the Constitution is directed against the order No. 34 dated 28th March, 2006 passed by the learned District Judge, Howrah in Miscellaneous Case No. 131 of 2004. The said Miscellaneous case arose out of Title Appeal No. 157 of 1996. Grievances of the petitioner/plaintiff, as ventilated in the instant application, may briefly be stated as follows : The petitioner, as plaintiff, filed Title Suit being No. 89 of 1992 before the learned 5th Court of Civil Judge (Jr. Divn.), Howrah on 6th May, 1992. It was a suit for declaration of his right as thika tenant. The said suit was dismissed ex parte on 11.10.1996. The O.P. No.1 filed an application under Order 9 Rule 13 of the Civil Procedure Code on 16.11.1996 and the same was registered as Misc. Case No. 33 of 1996. It was supported by an application under Section 5 of the Limitation Act.
(2.) The said O.P. No.1, Sri Shyam Sunder Sharma, also filed a Title Appeal being No. 157 of 1996 before the learned Court of District Judge, Howrah. It was also supported by an application under Section 5 of the Limitation Act, as the appeal could not be filed within the prescribed period of time.
(3.) An application under Section 5 of the Limitation Act filed in connection with the application under Order 9 Rule 13 of the C.P. Code was allowed by order dated 17.9.1998. But the application under Section 5 of the Limitation Act filed in connection with Title Appeal No. 157 of 1996 was rejected by order dated 21.1.2000, as no step was taken on the said date. This was followed by dismissal of the said Title Appeal No. 157 of 1996 for non-prosecution by order dated 6.3.2000.;