C.R. Sarma, J.

1. Heard Mr. D. Baruah, learned counsel, appearing for the petitioner. Also heard Mr. A. Barkakati, learned counsel for the respondent No. 1. By this application filed under Article 227 of the Constitution of India, the petitioner, who filed Title Appeal No. 8/2012 in the court of the learned Civil Judge No. 3 Kamrup, Guwahati has challenged the orders dated 23.8.2012, passed by the learned Civil Judge No. 3, Kamrup, Guwahati in Misc. (J) Case No. 3/2012 and the Title Appeal No. 8/2012. By the impugned orders, the learned Civil Judge dismissed the petition filed by the petitioner under Section 5 of the limitation Act, for condonation of delay of 326 days in preferring the said appeal against the judgment and decree dated 17.01.2011 passed in T.S. No. 28/2008. The learned Civil Judge by the impugned order also rejected the Memo of Appeal.

2. The respondent No. 1, as plaintiff, instituted the said Title suit, seeking decree for declaration of right, title and interest and confirmation of possession and also for cancellation of the sale deed executed by the defendant No. 1 in favour of the defendant No. 2 of the said title suit. The petitioner, as defendant No. 2