JUDGMENT :

1. Heard Mr. M. U. Mahmud, learned counsel for the appellant. Also heard Mr. S. Bhuyan, learned counsel for the respondents.

2. This is an appeal under Section 100 of the Code of Civil Procedure, 1908 assailing the order dated 22.08.2013 passed by the learned Civil Judge, Bongaigaon in Title Appeal No. 21/2022, whereby the appeal preferred by the appellant against judgment and order dated 15.12.2011 passed by the learned Munsiff, Bijni in Title Suit No. 44/2008, was dismissed being barred by limitation.

3. The appellant as plaintiff instituted a suit registered as Title Suit No. 44/2008 against the respondent herein seeking right, title and interest of the plaintiff over the suit land and recovery of khas possession thereof. Said suit was dismissed by the learned trial Court by its judgment and decree dated 15.12.2011.

4. Being aggrieved the plaintiff preferred an appeal before the learned Civil Judge, Bongaigaon. However, while preferring such appeal, there was delay of 341 days. Accordingly, the appellant filed an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 341 days. Said application was registered as Misc.(J) Case No. 73/2012. The r