Badal Chandra Das v. Babul Deb - 2025 Supreme(Online)(Gau) 13358

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2025 Supreme(Online)(Gau) 13358

TRIPURA HIGH COURT
Not Mentioned, J
Badal Chandra Das v. Babul Deb

Advocates:
For the Appellants/Petitioners: Mr. Dipak Deb
For the Respondents: None

Table of Content
1. initial appeal details and grounds of delay. (Para 1)
2. appellants' attempts to file the appeal and challenges faced. (Para 3 , 4)
3. court's considerations regarding the maintainability of the appeal. (Para 5)
4. legal principles drawn from past judgments on condoning delays. (Para 6)
5. court's decision to remand the appeal back for fresh hearing. (Para 7 , 8)

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 31.01.202