JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. M.U. Mahmud, learned counsel for the appellants. Also heard Mr. N. Ahmed, learned counsel for the respondents.

2. The present appeal is filed assailing the judgment and order dated 21.02.2014, passed by the learned First Appellate Court in T.A. No. 66/2013, whereby the learned Appellate Court had dismissed the appeal by refusing to condone the delay of 39 days thereby dismissing an application under Section 5 of the Limitation Act, 1963 on the ground that the appellant has failed to show sufficient cause which prevented the appellant from filing the appeal within the prescribed period of time.

3. The present appeal was admitted by this court on the following substantial question of law:

“(i) Whether on the basis of Exhibit 1 and Exhibit 2 sale deed, the learned courts below ought to have declared the title of the plaintiff over the suit land?

(ii) Whether the learned first appellate court committed error in refusing to condone the delay in exercise of power under Section 5 of the Limitation Act read with Order XLI Rule 3A of the Code of Civil Procedure. The appellant is permitted to raise any other substantial question of law at the time of