CM No.37311/2018 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

RSA 130/2018, CM No.37310/2018 (for stay), CM Nos.37312/2018 & 37313/2018 (for condonation of delay of 20 days & 105 days in filing and re-filing the appeal respectively)

3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 15th January, 2018 in RCA No.253/2016 of the Court of Additional District Judge-03, East] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant/plaintiff against the judgment and decree [dated 9th March, 2016 in Suit No.6938/2016 of the Court of Additional Senior Civil Judge, East] of dismissal as not maintainable of the suit filed by the appellant/plaintiff.

4. Though the appeal is accompanied with applications for condonation of delay of 20 days in filing the appeal and 105 days in re-filing the appeal but the question of considering the said applications will arise only if the appeal is found to be entailing a substantial question of law which is the sine qua non for entertaining a second appeal as reiterated by the Supreme Court recently in S