Irfan Nizami v. Md. Naim
Case brief
What is this about?
In an appeal challenging a title suit decree, the High Court rejected the appellant's application under Section 5 of the Limitation Act to condone a delay of over seven years. The court found the delay attributable to the appellant's laches and lack of good faith.
What did the court decide?
Application under Section 5 of the Limitation Act rejected; appeal dismissed on grounds of delay. No order as to costs.
What the court decided
A compact analysis
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FAT 140 of 2022 Irfan Nizami v.
Md. Naim with CAN 1 of 2022
09.01.2023 with SL-08 CAN 1 of 2022 Ct.32 (S.R.) Mr. Debasis Sur Mr. Angshuman Patra … for the appellant.
Mr. Srinjay Das Mr. Arvind Kumar Singh … for the respondent.
The present appeal has been preferred challenging the judgment and decree dated 29th April, 2015 passed by the Learned Judge, City Civil Court, XIth Bench, Calcutta in Title Suit No.1267 of 2003. In connection with the appeal an application under Section 5 of the Limitation Act being CAN 1 of 2022 has been preferred.
Mr. Sur, learned advocate appearing for the appellant submits that the appellant’s father, namely, Nizamuddin Ahmed, expired on 13th February, 2020. Due to such unfortunate event and as the appellant was also suffering from serious ailments for a substantial period of time, he was not in a position to take immediate steps for filing the appeal. To recover from such ailments, the appellant also incurred huge medical expenses and due to extreme financial stringency, he was prevented from filing the appeal in time. The period of delay also stands intervened by a period lost due to the pandemic. Thus, the delay in preferring the appeal was neither deliberate
2
nor intentional and in view thereof, the same may be condoned and the appeal may be heard on merits. Let the death certificate of the appellant’s father, as produced, be kept on record.
Issues for consideration
1 issue framed by the court
Whether the delay of more than seven years in filing the appeal under Section 6 of the Limitation Act can be condoned.
Parties & counsel
- appellant
Irfan Nizami
- respondent
Md. Naim
Coram
Partha Sarathi Chatterjee
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · January
- Registered
- Case no.
- FAT/140/2022
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