JUDGMENT

Kailash Prasad Deo, J.

(Through :-Video Conferencing)

Heard, learned counsel for the appellant.

2. Plaintiff is the appellant before this Court being aggrieved of the order dated 08.01.2020 in Misc. (Civil) Application No.148 of 2019 passed by learned Civil Judge (Sr. Division) VII, Ranchi whereby the application filed by the plaintiff/appellant under order XXXIX Rules 1 & 2 read with Section 151 of the Code of Civil Procedure vide Original Suit No.557 of 2014 has been dismissed.

3. Being aggrieved of the said dismissal order the appellant preferred the present appeal.

4. Learned counsel for the appellant has submitted that appeal has been preferred with delay of 50 days and for condonation of the same, I.A. No.4621 of 2020 has been filed.

5. Learned counsel for the appellant has further submitted that learned court below has not considered the material which has been brought on record, as the suit has been filed by the plaintiff/appellant before the learned court below on 04.12.2014 against the defendant/respondent with following prayer:-

(a) A decree declaring that the cancellation of the development agreement dated 27.03.20111 by the defendants through their notice dated 15.