Poonam Devi vs Anil Prasad
2021 Latest Caselaw 238 Mani

KABORAM Digitally signed
        by
BAM     KABORAMBAM
                                                                                                 Item No. 6
SANDEEP SANDEEP    SINGH
        Date: 2021.10.21                                                         (Through Video Conferencing)
SINGH   15:57:42 +05'30'

                                      IN THE HIGH COURT OF MANIPUR
                                                AT IMPHAL

                                          MC (Mat. App.) No. 2 of 2020

                            Poonam Devi
                                                                                            Applicant
                                                  Vs.
                            Anil Prasad

                                                                                        Respondent

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

21.10.2021 Sanjay Kumar (C.J.):

Heard Mr. A. Golly, learned counsel for the applicant-wife and

Mr. Kh. Santa, learned counsel for the respondent-husband.

The applicant-wife seeks condonation of the delay of 29 days in the

filing of an appeal against the judgment and decree dated 16.01.2020 passed by

the Family Court, Imphal East, Manipur, in Mat. (Divorce) Suit No. 49 of 2019.

Notice having been ordered, Mr. Kh. Santa, learned counsel, entered appearance

for the respondent-husband and filed an affidavit-in-opposition.

The judgment under appeal was rendered on 16.01.2020 but the

applicant-wife claims to have come to know of the same only on 01.12.2020. As

the period of limitation stood frozen from 15.03.2020, in the light of the orders of

the Supreme Court owing to the Covid-19 pandemic coupled with the notifications

issued by this Court, the applicant-wife calculated the delay to be 29 days. The

respondent-husband took an objection to this calculation on the ground that the

delay in its entirety would be 304 days. However, there is no dispute that the

period of limitation stood extended from March, 2020, by virtue of the intervening

circumstances, referred to supra.

Page 1 In that view of the matter, the delay is only 29 days, as projected by the

applicant-wife.

Sufficient cause having been shown for the same, the miscellaneous

application is allowed condoning the delay of 29 days in the presentation of the

appeal.

Registry is directed to number the appeal, if it is otherwise found to be

in order, and list the same for admission expeditiously.

A copy of this order shall be supplied online or through whatsapp to the

learned counsel for the parties.

                    JUDGE                       CHIEF JUSTICE
Sandeep




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