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2016 Supreme(Tri) 203

S.C.DAS
State of Tripura, Represented by the Secretary, Department of Education, Government of Tripura – Appellant
Versus
Prasanna Kr. Nath Choudhury – Respondent


Advocates Appeared:
For the Appellants :Mr. D. Chakraborty, Sr. Advocate, Mr. H. Laskar, Advocates.
For the Respondents:Mr. D.K. Biswas, Advocate, Mr. G.K. Nama, Advocate.

JUDGMENT & ORDER :

By filing this petition under Order XLI Rule 3-A of the Code of Civil Procedure, 1908 read with Section 5 of the Limitation Act, 1963, the appellant-applicants(hereinafter mentioned as applicants) prayed for condoning the delay of 466 days in preferring the connected Second Appeal(RSA) No.36 of 2015, whereunder the appellate judgment and decree dated 27.03.2014 passed by learned District Judge, North Tripura, Dharmanagar, in Title Appeal No.22 of 2012 has been challenged.

2. Heard learned senior counsel, Mr. D. Chakraborty, assisted by learned counsel, Mr. H. Laskar for the applicants and learned counsel, Mr. D.K. Biswas for the respondent-opposite parties(hereinafter mentioned as opposite parties).

3. It is very candidly submitted by learned senior counsel, Mr. Chakraborty that there were some lapses on the part of the applicants in presenting the appeal in time but it was bona fide and not deliberate and intentional. The delay has been caused in the process of collecting the necessary documents on the basis of which the applicants contested the suit. He has also submitted that the case of the applicants has got merit and there is every possibility of succeeding th






































































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