Sanjay Kumar Dwivedi, J. - (1.) Heard, Mr. R.N. Sahay, learned Senior counsel appearing for the appellants and Mr. S.N. Das, learned counsel appearing for the respondents.
(2.) This Second Appeal has been filed against the judgment dated 07.08.1991 and decree dated 14.08.1991 passed by learned 5th Additional District Judge, Giridih in Title Appeal No.55 of 1990, affirming the judgment and decree dated 12.04.1990 and 23.04.1990 respectively, passed by Munsif, Bermo at Tenughat in Title Suit No.47 of 1989.
(3.) It transpires that the suit was instituted for declaration of title over the suit land and for temporarily restraining defendant Nos.5 and 6-Central Coalfields Limited from paying compensation to defendant Nos. 1 to 4 for acquisition of lands of Khata No.42, Village- Jhunjhako, P.S.- Petarwar, District- Giridih. The suit was dismissed on contest vide judgment dated 12.04.1990 and the decree was prepared on 23.04.1990. Against the said judgment, Title Appeal was filed by the appellants/plaintiffs which was registered as Title Appeal No.55 of 1990 and was decided vide judgment dated 07.08.1991 passed by learned 5th Additional District Judge, Giridih. The Title Appeal was filed against the aforesaid judgment and the learned Appellate Court below while considering the petition for condonation of 52 days delay in filing the appeal, after considering the submissions of the parties, declined to condone the delay of 52 days in filing the appeal on the ground that it was a result of negligence, in action and the advice being not bona fide and with exercise of reasonable skill, and dismissed the appeal.;