Citation : 2026 Latest Caselaw 336 Mani
Judgement Date : 5 February, 2026
Digitally signed by
KHOIROM KHOIROM
BIPINCHAN BIPINCHANDRA
SINGH Item No. 13
DRA SINGH Date: 2026.02.05
05:09:37 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(MAT. APP.) No. 18 of 2025
Laishram Swarnalata Devi
... Applicant
- Versus -
Laishram (N) Memchoubi Devi & 2 Ors.
... Respondents
B E F O R E
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE A. BIMOL SINGH
O R D E R
[M. Sundar, CJ] 05.02.2026
[1] Captioned miscellaneous case (MC) has been filed seeking
condonation of delay (CoD) qua 44 days delay in filing a matrimonial appeal.
[2] Mr. Ashokkumar, learned counsel for applicant submitted that
the main appeal is directed against a judgment & decree dated 09.04.2025
in Matrimonial (Declaration) Suit No. 21 of 2023 on the file of Ld. Family
Court Judge, Manipur (impugned judgment). It was submitted that in and
vide impugned judgment, appellant's suit seeking declaration that she is an
unmarried daughter of deceased parents namely, Laishram Mangoljao
Singh and Laishram Bembem Devi was dismissed.
[3] As regards the delay, adverting to Paragraph No. 4 of the CoD
MC, learned counsel submitted that there was a lapse in communication
between appellant and her counsel in Trial Court owing to which the
Page 1|2 appellant came to know about the impugned judgment very late and this
resulted in delay that is sought to be condoned.
[4] This Court, on 10.10.2025 issued notice to the respondents in
the captioned MC, all three respondents have been duly served but they
have not chosen to either enter appearance through counsel or come before
this Court. To put it differently, the respondents have not come to this Court
and oppose the CoD prayer.
[5] Nonetheless, this Court examined the CoD plea in the light of
nature of matter, trajectory it has taken, facts and circumstances of the
case as well as the manner in which the appellant is circumstanced and on
the sum total of all these parameters, this Court is of the considered view
that the delay in filing afore-referred appeal deserves to be condoned as it
is a case of lapse in communication between appellant and her learned
counsel in Trial Court.
[6] Registry is directed to process the main appeal and assign a
number, if objections are removed and the appeal is otherwise in order.
[7] Apropos, sequitur is, delay is condoned. Captioned CoD MC is
ordered as prayed for. There shall be no order as to costs.
JUDGE CHIEF JUSTICE
FR/NFR
Bipin
Page 2|2
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