1. Heard Mr. D. Chakraborty, learned senior counsel assisted by Mr. H. Laskar, learned counsel appearing for the appellants as well as Mr. K. Nath, learned counsel appearing for the respondents.

2. This is an appeal under Section 100 of the CPC from the order of dismissal dated 02.12.2015 delivered in Title Appeal No.35 of 2014 by the Additional District Judge, No.3, West Tripura, Agartala. It is on records that the appeal has been dismissed as the delay in filing the said appeal being Title Appeal No.35 of 2014 was not condoned and the petition filed for such purpose being Civil Misc.(Condonation) 43 of 2014 was rejected by the first appellate court.

3. This appeal was admitted to be heard on merit on the following substantial question of law by the order dated 01.03.2016:

“Whether order dated 02.12.2015 passed by the learned Addl. District Judge, Court No.3, West Tripura, Agartala dismissing the appeal being Title Appeal No.35 of 2014 suffers from perversity.”

The substantial question of law is reframed on consensus as under:

“Whether the finding that the delay has not been explained is in observance of the law or it defies the fundamental tenets of condoning the del