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2013 Supreme(SC) 280

S.S.NIJJAR, M.Y.EQBAL
Amalendu Kumar Bera – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT :

M.Y. EQBAL, J.

Leave granted.

2. Aggrieved by the order dated 22nd March, 2012 passed by the Calcutta High Court in C.O. No. 602 of 2012, the petitioner-decree-holder preferred this appeal. The High Court in exercise of power under Article 227 of the Constitution of India had refused to interfere with the order passed by the District Judge, Purba, Medinipur in Civil Revision No.1 of 2011, condoning the delay in filing the Revision Petition.

3. Although the Courts have always exercised discretion in favour of the person seeking condonation of delay in filing the appeal or revision, but in the facts and circumstances of this case, whether the District Judge was justified in condoning the delay occurred in filing the revision petition?

4. The facts of the case lie in the narrow compass.

5. The plaintiff- appellant filed a suit in the year 1967 being Title Suit No.483 of 1967 for declaration of title in respect of the suit property and also for a decree for permanent injunction restraining the Respondent-State from interfering with the possession of the suit property. The suit was contested by the Respondent- State of West Bengal by filing written statement. The Trial court passe










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