LOHRII ATHIA Vs. MOIRANGTHEM TOMBI @ TOMBIRAJ SINGH
LAWS(MANIP)-2019-7-2
HIGH COURT OF MANIPUR
Decided on July 08,2019

Lohrii Athia Appellant
VERSUS
Moirangthem Tombi @ Tombiraj Singh Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) These petitions have been filed by the petitioners seeking to condone the delay of 251 days in Filing the appeals against the order dated 03.5.2017 passed in O.S.Nos.26, 27 and 28 of 2017 on the file of the Civil Judge (Senior Division), Imphal West.
(2.) The petitioners are plaintiffs and the respondent is the defendant in O.S.Nos.26, 27 and 28 of 2017 on the file of the Learned Civil Judge (Senior Division), Imphal West. The plaintiffs have filed the suit for recovery of a sum of Rs.7.00 Iakh each with interest at the rate of 12% per annum from 14.03.2015 and for costs respectively. By the judgment and decree dated 03.05.2017, the suits were dismissed at the admission stage. Challenging the said judgment, the petitioners have filed appeals with a delay of 251 days.
(3.) In the petitions seeking to condone the delay, the petitioners averred that though plaints were presented before the Civil Judge (Senior Division), Imphal West, on 01.4.2017, the same could not be moved for admission for one reason or the other because of non-availability of the Presiding Officer of the Court on regular basis or of the heavy engagement of the Judge in various other day-to-day Court works and later on, the plaints were moved on 28.04.2017 for admission and for issue of summons to the respondent/defendant. It is averred that the learned Civil Judge reserved the suit for orders for some weeks and no summons were issued to the defendant. However, on 03.5.2017, the learned Civil Judge dismissed the suit with an observation that the case of the plaintiffs as pleaded in the plaints is barred by Section 23(f) of the Indian Contract Act, 1872.;


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