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Judgment
This First Miscellaneous Appeal is directed against the order being no. 18 dated 15th June, 2016 passed by the learned Additional District Judge, Arambagh, in Misc. Appeal No. 10 of 2014 at the instance of the appellants (pre-emptee).
The application for pre-emption filed by the pre-emptors under Section 8 of the West Bengal Land Reforms Act, 1955 was allowed by the learned Munsiff. Challenging the said order passed by the learned Munsiff allowing pre-emption, the pre-emptees/appellants preferred an appeal before the appeal court. The said appeal was fixed for hearing on 19th September, 2014. The appellants did not turn up. No step was taken by the appellants on that date before the Appeal Court. The date of hearing of the appeal was again shifted to 17th November, 2014 and even on that date no step was taken by the appellants. Still then, the appeal was not dismissed for default, instead, the appellants were directed to show cause as to why the appeal will not be dismissed. Even on that, i.e. on 29th January, 2015 when the appellants were required to show cause their absence, on those two previous days, the appellants did not appear before the learned appeal court. No step was taken by the appellants on the said date.
It is alleged by the appellants that wrongly a Hazira was filed on 29th January, 2015 in a different court.
Since no step was taken by the appellants before the appeal court on 29th January, 2015 the appeal was dismissed.
Immediately thereafter, on 31st January, 2015 an application was filed under Section 151 of the Civil Procedure Code by the appellants praying for readmission of the said appeal.
The learned appeal court refused to readmit the said appeal by considering the conduct of the litigant.
Even we find that the appeal was also not filed within the prescribed period of limitation. The appeal was also filed alongwith an application for condonation of delay. Thus, right from the beginning we find that the appellants were not at all diligent in pursuing their legal right before the court of law.
Considering the conduct of the litigants, we hold that such litigants do not deserve any mercy from the court of law.
We do not find any justification for admission of this appeal for hearing.
The appeal, thus, stands dismissed. Consequently, the application filed in connection with this appeal is also dismissed.