N. K. Belin Nona vs K. P. Channa – CA 123/1997-2011

The case between N. K. Belin Nona (Plaintiff-Appellant) and K. P. Channa (Defendant-Respondent) addressed the issue of whether the Petition of Appeal in a partition action had been lodged within the mandatory 60-day statutory period stipulated by the Civil Procedure Code. It was held that strict compliance with this time limit is required, and that even a short delay of one day, not caused by a non-working day, does not permit judicial discretion to extend the deadline. The principle reaffirmed is that statutory time limits for appeals in partition actions are mandatory and not subject to judicial relaxation. Reliance was placed upon authorities interpreting Section 755(3) of the Civil Procedure Code and pertinent precedent, with the court emphasizing that responsibility for timely filing