SHIVAKANT PRASAD,J. - (1.) The instant appeal has been preferred by the defendant No. 2/appellant against the judgement and decree dated 1st September, 2015 passed by the learned Civil Judge, Senior Division, Sealdah in Title Suit No. 146 of 2013 inter alia on the ground that the learned Trial Judge has erred in law by making out a third case which is neither the case of the defendant No. 2/appellant, nor the case of the plaintiffs/respondents. The learned Court below passed preliminary decree declaring the share of the respective parties without appreciating the fact that the suit property is a thika property and cannot be subject-matter of partition by metes and bounds.
(2.) Learned Counsel for the appellant submits that he could not appear before the Court when the order was passed on 9.6.2017 due to resolution of the Bar for cessation of work. Mentioning was made by him to recall the order dated 9.6.2017 and to grant for fresh hearing.
(3.) As per request of the parties, the matter is listed today under the heading 'To be Mentioned'. We have heard the learned Counsel for both the parties on merits for recall of the order dated 09.06.2017. As regards condonation of delay of 178 days in preferring this appeal, this Court simply dismissed the application being C.A.N.7260 of 2016 finding insufficient cause shown for delay.;