Nemai Chakraborty v. Sree Sree Iswar Giridhari Jiew (03) and Anr.
Case brief
What is this about?
Condonation of delay; Section 5 of the Limitation Act; ignorance of law; liberal principles for condonation applications; second appeal SAT 37 of 2024; Title Appeal No. 6 of 2023; Order No. 5 dated October 4, 2023 set aside; consequential decree; remand to first appellate court; eight-month disposal timeline; stay of execution case; Nemai Chakraborty v. Sree Sree Iswar Giridhari Jiew and Anr.; judgment dated 18.02.2025.
What did the court decide?
SAT 37 of 2024 allowed: application under Section 5 of the Limitation Act allowed and delay in preferring Title Appeal No. 6 of 2023 condoned; Order No. 5 dated October 4, 2023 and the consequential decree of the first appellate court set aside; title appeal remanded to the appellate court for adjudication on merits (expedited, preferably within eight months); liberty to the appellant to pray for stay of the connected execution case before the First Appellate Court.