Shibapada Roy v. Sankar Roy And ANR

21.09.2022 KC(22) S.A.102 of 2022 Shibapada Roy -versusSankar Roy and Anr.

With CAN 1 of 2022 Mr. Rwitendranath Banerjee, Ms. Maheswata Pramanik.............For the appellant. An affidavit of service is on record.

None appears for the respondents.

No accommodation is sought.

The appellant is aggrieved by the judgment and order dated 20th December, 2021 of the first appellate court dismissing his application for condonation of 227 days' delay in preferring the appeal. The appeal was against a preliminary decree of the learned first court. The effect of this impugned judgment and order would be affirmation of the preliminary decree.

Taking all facts and circumstances into consideration we are of the view that the learned first appellate court ought to have condoned the delay and heard out the appeal on merits.

Accordingly, we set aside the judgment and order dated 20th December, 2021 passed by the learned District Judge, Barasat in Title Appeal No. 15 of 2020 and direct the learned first appellate court to hear out

the appeal on merits within six months of communication of this order, preferably.

The appeal (S.A. 102 of 2022) and the connected application (CAN 1 of 2022) are disposed of.

(I.P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.)