Judgment :

Biswaroop Chowdhury, J.

1.The appellant before this Court was a defendant in a suit for eviction before Learned Civil Judge Senior Division 5^th Court at Alipore South 24 Parganas being Title Suit No. 167 of 1993 in which the appellant/defendant suffered an eviction decree and preferred an appeal before the Learned District Judge South 24 Parganas, which failed. The appellant being aggrieved by the Judgment and Order dated 17-04-2015 passed by Learned Additional District Judge 8^th Court Alipore South 24 Parganas in TA-212 of 2009 has come up with the instant appeal.

2.As the ground for dismissal of Appeal is due to dismissal of application for condonation of delay under Section 5 of the Limitation Act the scope of hearing of this appeal is under the provision laid down under Section 5 of the Limitation Act.

3.The Appeal was admitted by the Hon’ble Division Bench and the following substantial questions of Law was framed;

1) Whether the Court of appeal below rightly dismissed the application for condonation of delay holding that the appellant has not explained sufficient cause when the documents pertaining to his illness was annexed to the application for condonation of delay?

2)