Back
SANJAY KUMAR MEDHI
Muhibul Islam – Appellant
Versus
Md. Ikramul Majid – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The instant appeal has been preferred under Section 100 of the Code of Civil Procedure challenging a judgment and decree dated 26.08.2016 passed by the learned Civil Judge, Sivasagar in Title appeal No. 26/2016 whereby the application for condonation of delay in preferring the said appeal has been dismissed. The appeal was preferred against the initial judgment and decree dated 16.11.2015 passed by the learned Munsiff No. 1, Sivasagar in TS No. 77/2010. The appellant was the defendant in the said suit.
2. The TS No. 77/2010 was instituted by the present respondent as plaintiff for declaration that the defendant has no right to transfer the parental dwelling house and land to strangers. It was the stand of the appellant/defendant that the property, which he was seeking to transfer, was not the parental property. Be that as it may, the suit was decreed in favour of the plaintiff by the judgment and decree dated 16.11.2015.
3. The appellant herein had preferred an appeal before the learned Civil Judge, Sivasagar in Title Appeal No. 26/2016. The said appeal however being barred by limitation, an application was filed under Section 5 of the Limitation Ac
The court emphasized a liberal and justice-oriented approach in considering applications for condonation of delay, rejecting hyper-technical standards that undermine substantive rights.
The court held that the appellate court improperly condoned a delay in filing the appeal without sufficient justification under Section 5 of the Limitation Act, as the limitation period had expired p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
