Manipur High Court
Elangbam Nirmala Chanu; & Ors vs State Of Manipur; & Ors on 28 February, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
KABORAMBA Digitally
KABORAMBAM
signed by
M SANDEEP SANDEEP SINGH
Date: 2025.02.28
SINGH 16:17:48 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC (W.A.) No. 127 of 2022
With
MC (W.A.) No. 12 of 2025
Elangbam Nirmala Chanu; & Ors.
Applicants
-Versus-
State of Manipur; & Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the applicants :: Ms. G. Pushpa Devi, Advocate
For the respondents :: Mr. Lenin Hijam, Advocate General
Mr. H. Debendra, Dy. Adv. General
Mr. I. Amri, Advocate
Mr. S. Biswajit, Sr. Advocate
Date of reserving :: 13.02.2025
judgment & Order
Date of Delivery of :: 28.02.2025
Judgment & Order
JUDGMENT & ORDER (CAV)
JUSTICE D. KRISHNAKUMAR, CJ:
Ms. G. Pushpa, learned counsel, appears for the applicants; Mr.
S. Biswajit, learned senior counsel; Mr. Lenin Hijam, learned Advocate
General, Manipur; Mr. H. Debendra, learned Dy. Advocate General, appear
for the respondents.
MC (W.A.) No. 127 of 2022 has been filed by the applicants to
condone the delay in filing the writ appeal. Notice has been served upon the
respondents and counsel for the respondents also appeared in the instant
application.
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MC (W.A.) No. 12 of 2025 Page 1
Learned counsel appearing for the respondents, made an
objection by stating that the Registry has numbered the application to
condone the delay in filing the writ appeal, at first instance, instead of
numbering the application for grant of leave for filing third-party appeal.
According to the counsel appearing for the respondents, it is
submitted that the application for grant of leave to file third-party appeal has
to be taken up at first instance, since third parties sought for filing an appeal.
Whether the said party is aggrieved by the order of the writ court or not has
to be decided first and thereafter, if this Court allows the application for grant
of leave to file third-party appeal, then the issue regarding condonation of
delay, if any, in filing the third-party appeal has to be considered later on.
Since no decision has been placed before this Court for deciding
the issue, this Court has requested the members of the Bar to assist the Court
in taking appropriate decision in this submission of the respondent.
When the matter was taken up on 22.01.2025, learned counsel
for the applicants as well as the respondents, submitted that the leave to file
third-party application be taken up first and as per order dated 24.01.2025
of this Court, leave to file third-party application has been numbered, being,
MC (W.A.) No. 12 of 2025.
It is brought to the notice of this Court that application filed for
grant of leave to file an appeal will be decided by passing a speaking order
as these cases are concerned, the applicant who is not a party before the
writ court has challenged in an appeal as a third party and file an application
for grant to leave a file an appeal. So the said application has to be decided
regarding the locus standi of the third party challenging against the order of
the writ court and thereafter, if there is any delay, then the application for
MC (W.A.) No. 127 of 2022 with
MC (W.A.) No. 12 of 2025 Page 2
condoning the delay is to be taken up for hearing and notice will be ordered
to the parties who are all before the writ court.
If the said procedure has been adopted, then there is no
prejudice caused to the other side. If otherwise, if the application for
condonation is taken up and ordered notice to the parties, who are all before
the writ court without deciding the application for grant of leave to file third
party appeal, and subsequently, if the application to grant leave has been
rejected, then unnecessarily, the original parties have been dragged on to
the proceedings, without the locus standi in filing an appeal by the third party.
Counsel for the applicants as well as the members of the Bar,
who are assisting the court do not controvert the said submission made by
counsel for the respondents for taking up the application filed for grant of
leave to file third party appeal.
It is brought to the notice of this Court by relying upon the
decision of the Hon'ble Supreme Court in Civil Appeal No. 6136 of 2024
which is reported in MANU/SC/0406/2024 by judgment dated
08.05.2024, the Hon'ble Supreme Court in para 9 states that the application
to condone the delay filed at the behest of the stranger, who is not a party
to the proceedings, is totally illegal. If the approach as adopted by the trial
court is approved, any Tom, Dick and Harry could be permitted to move an
application for condonation of delay in filing an application for restoration of
the suit, even if he is not a party to the subject suit.
So the said appeal came to be allowed by the Hon'ble Supreme
Court, setting aside the order of the Trial Court and the High Court.
A third-party stranger should not be taking undue advantage by
filing such an appeal and unnecessarily dragging on the other parties before
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MC (W.A.) No. 12 of 2025 Page 3
this Court, by wasting the time of the Court and also dragging the
proceedings preventing to get the benefit of the orders being passed by the
writ court in favour of the original party.
Therefore, in the interest of the parties, any application filed for
grant of leave to an appeal will be considered first, by passing a speaking
order and the said application is to be allowed, considering the locus standi
of the third party having the right to file an appeal against the order passed
by the writ court.
In the interest of justice, we direct the Registry to first list the
application for grant of leave to the third party in preferring an appeal so that
the issue may be decided first and then to number the condone delay
application filed by the third party, if it is required.
In view of the above, we have answered the objection raised
by the respondent and we are appreciating the valuable assistance rendered
by the members of the Bar.
Accordingly, list the matters on 06.03.2025 for hearing the
application filed for grant of leave to file third-party appeal.
Copy of the order is marked to the Registry.
The
JUDGE CHIEF JUSTICE
FR/NFR
Sandeep
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