No. 7/07.02.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Abhik K. Dutt, the Ld. Advocate and Respondent No. 1 through Mr. Soumen Roychowdhury, the Ld. Advocate are present.  The Ld. Advocate for the Respondent No. 1files Vokalatnama as well as objection against petition for condonation of delay.

This appeal has been filed by the O.P. Nos. 3 & 4.  The impugned judgement has been passed on 31.12.2009.  The certified copy was obtained on 28.01.2010.  It has been stated in the application for condonation of delay that the Appellant did not come to know about the liability under the aforesaid order of disposal of the complaint case until the summons of the execution case was served upon them on 26.04.2010.  This statement alone is sufficient to establish the case of sheer negligence of the Appellant in filing this appeal.  Even in this application for condonation of delay no explanation has been given as to why the appeal has been filed on 21.05.2010 after expiry of about one month after the Appellant came to know about the impact of the impugned order dated 31.12.2009.  Accordingly we are not satisfied that the Appellant was prevented by sufficient cause from preferring this appeal within the prescribed period of limitation.  The delay in filing this appeal is accordingly not condoned.  The appeal shall stand dismissed as being barred by limitation.