Citation : 2024 Latest Caselaw 237 Mani
Judgement Date : 24 June, 2024
64
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC (RSA) No.13 of 2024
Ningthoujam Ningol
Kananbala Devi ... Applicant
-Versus-
Naoroibam Rajmani Singh ... Respondent
BEFORE HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA 24.06.2024 Present Mr.M.I.Sharma, learned counsel for the applicant/appellant and Mr.Shakir Khan, learned counsel for the respondent.
B the present application, the appellant has prayed for condoning 33 days delay in filing the accompanying First Appeal against the impugned judgment and decree of the learned First Appellate Court/Additional District Judge, Manipur East in Civil Appeal No.1 of 2023 dated 22.12.2023.
Respondent has filed objection stating that the reasons for delay is not explained.
This court perused the application and materials on record. The impugned order is dated 22.12.2023 and appeal was filed before this Court on 24.4.2024 and after 124 days from the date of impugned order the Second Appeal has been filed. However, certified copy was applied for on 7.2.2024 and same was furnished to the applicant on 4.3.2024 thereby 33 (thirty three) days were taken by the officials in preparation of the Certified copy. After deducting 33 days and 90 days, (limitation period for Second Appeal), from 124 days there is delay of one day in filing the accompanying appeal. In the interest of justice, one day delay is condoned.
Registry is directed to register the Second Appeal, if the same is in order and list before this Court on 1.7.2024.
JUDGE
Priyojit
RAJKUMA Digitally signed by RAJKUMAR R PRIYOJIT PRIYOJIT SINGH Date: 2024.06.26 SINGH 10:47:07 +05'30'
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