IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Sugato Majumdar SA 296 of 2012 Arup Kumar Bhunia & Ors.

Vs.

Nandalal Bhunia & Ors.

For the Appellants : Rabindranath Mahato, Adv.

For the Respondents : Arnab Mukherjee, Adv.

Shreyasi Manna, Adv.

Heard on : 16.12.2025 Judgment on : 18.12.2025 Sugato Majumdar, J :

The instant second appeal is preferred against the Judgment passed by the First Appellate Court dated 30^th April, 2012.

The original suit was filed for partition by metes and bounds. Preliminary decree was passed in part on contest against the Defendant Nos. 1 to 10, and ex parte against the Defendant Nos.11 to 32 in terms of the Judgment of the Trial Court dated

18^th February, 2010.

Appeal was preferred by the Defendant No. 1 against the said Judgment of the Trial Court dated 18^th February, 2010. The appeal was delayed for which an application under Section 5 for condonation of delay was made. The First Appellate Court declined to condone the delay and dismissed the appeal.

The First Appellate Court took evidence and considered the same. There was a delay of 10 months. The First Appellate Court considered that the Appellant was under