Delay in filing appeal due to financial constraints of appellants, improper dismissal of condonation application warrants reconsideration and remanding the case.

1. This appeal under S.100 of CPC is preferred challenging the judgment dated 15.06.2024 delivered by Learned Additional District Judge, Dhalai, Ambassa in connection with case No. TA No.10 of 2023 which was dismissed on dismissal of Civil Misc(condonation) No.5 of 2023 (arising out of TA No.10 of 2023) filed for condonation of delay of 247 days in preferring the appeal against the judgment and decree dated 24.11.2022 delivered by Learned Civil Judge(Junior Division), Dhalai, Ambassa, Court No.1 in connection with case No.T.S. No.2 of 2021.
Along with memo of appeal, another application was filed under S.5 of the Limitation Act for condoning delay of 14 days in preferring the second appeal before this Court. Despite service of notice, the respondent did not appear before the Court, so, by order dated 31.01.2025, a co - ordinate bench of this High Court allowed the application for condonation of delay fixing the main case for hearing on admission.

2. Heard Learned Counsel Mr. Dipak Deb appearing on behalf of the appellant - plaintiffs. But despite service of notice, none appeared on behalf of the respondent.

3. This present appeal has been preferred by the original plaintiffs who filed a suit for declaration of right, title, and interest over the suit land, eviction and recovery of possession and for perpetual injunction. Learned Trial Court vide judgment dated 24.11.2022 in connection with case No.T.S. No.2 of 2021 dismissed the suit of the present appellant - plaintiffs and accordingly, consequential decree was passed.
Challenging that judgment and decree, the appellant - plaintiffs preferred an appeal under S.96 of CPC before the Court of Learned District Judge, Dhalai District, Ambassa which was transferred to the Court of Learned Additional District Judge, Dhalai, Ambassa along with a separate application for condonation of delay which was numbered as Civil Misc.(condonation) No.5 of 2023 (arising out of TA No.10 of 2023). After hearing the appellant - plaintiffs by order dated 15.06.2024, Learned Additional District Judge, Dhalai, Ambassa dismissed the application for condonation of delay of 247 days in preferring the appeal and by order dated 15.06.2024 also dismissed the main case which was numbered as TA No.10 of 2023.

4. In course of hearing, Learned Counsel for the appellants submitted that in the original suit, the judgment was delivered by the Learned Trial Court on 24.11.2022. The Advocate's clerk of the appointed advocate of the plaintiffs applied for certified copy of the judgment on 30.11.2022 and on 07.12.2022, the certified copy was collected and after receipt of the certified copy, it came to the knowledge of the appellants that the suit was dismissed and after that, the appellant - plaintiffs tried to contact with his lawyer for next course of action but could not contact with him and on 13.12.2021, the appellant - plaintiffs came to Agartala and met with their Advocate and discussed about the next course of action when the Learned Counsel advised to prefer appeal and accordingly, some time was consumed to prefer the appeal and on 28.12.2022, the plaintiff No.1 met with the Learned Counsel when Learned Counsel informed him that the appeal memo was not prepared and he was further advised to met with the lawyer on 13.01.2023 but the Learned Counsel also failed to prepare the memo of appeal within that time. Being dissatisfied, he took back the file from the engaged counsel and after that, he returned back to Ambassa where he met with three advocates. They also could not give any proper advice to him and due to his financial inability, he cou