Heard Mr. D.C. Roy, learned counsel appearing for the petitioner as well as Mr. Suman Bhattacharji, learned counsel appearing for the respondent.

[2] This is a petition filed under Section 115 of the C.P.C. questioning the legality of the order dated 21.06.2013 delivered in Civil Misc.38 of 2013 arising out of Title Appeal No.14 of 2013 by the Additional District Judge, No.5, West Tripura, Agartala whereby the delay of 208 days in preferring the appeal has been condoned.

[3] The brief fact as is essential to understand the perspective of the challenge is that the petitioner herein instituted a suit for specific performance of the agreement to sale which has been entered between the petitioner and the respondent on 20.09.2007 (Exbt.1 series). Even the respondent herein received a sum of Rs.2,00,000/- (Rupees two lakhs) as advance as token of acceptance of the said agreement. According to the petitioner, the respondent did not perform his part by executing the sale deed on receiving the remainder of the consideration money despite his readiness as claimed. The petitioner instituted the suit for specific performance as stated. The said suit was decreed on 07.09.2011. The decree dat