JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. U. Dutta, the learned counsel for the petitioner and Mr. S. Dutta, the learned senior counsel assisted by Mr. A. Upamanyu, the learned counsel appearing on behalf of the respondent.

2. The instant petition under Section 115 of the Code of Civil Procedure (for short, ‘the Code’) has been filed challenging the judgment and order dated 11.11.2022 passed by the learned Civil Judge, Lakhimpur, North Lakhimpur in Misc. Appeal No. 02/2022 whereby the appeal filed by the petitioner against the order dated 23.03.2022 passed by the Munsiff No. 1 in North Lakhimpur in Misc.(J) Case No. 18/2020 dismissing the application under Section 5 of the Limitation Act, 1963 for condoning the delay of 120 days in presenting the petition under Order IX Rule 13 of the Code, was rejected.

3. From a perusal of the materials on record, it transpires that a registered deed of agreement for sale of a plot of land measuring 1 katha 10 lechas covered by Dag No. 1338 of Patta No. 402 of North Lakhimpur Town (Part I), Mouza-Lakhimpur was entered into by the petitioner with the respondent on 25.06.2016.

4. It is relevant to mention herein that in the said registered deed of agr