HEISNAM BASANTA SINGH AND ORS. Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) THIS revision has been filed challenging the order dated 17.9.2014 passed by learned District Judge, Bishnupur in Judl. Misc. Case No. 65 of 2014 rejecting the application for condonation of delay in filing the Misc. Appeal No. 0 of 2014.

(2.) FROM the impugned order, it appears that the petitioners have filed O.S. No. 13 of 2008/14 of 2013 before the learned Civil Judge, (Senior Division), Bishnupur and in the said suit, an injunction application was filed by the petitioners under order 39 Rule 1 and 2 of the C.P.C. The said injunction application was registered as IA No. 1 of 2013. The learned Civil Judge, by order dated 15.5.2014, rejected the application for grant of injunction. Challenging the said order, an appeal was preferred by the plaintiffs/petitioners before the learned District Judge, Bishnupur but the Misc. appeal was not registered as there was delay in filing the Misc. appeal. Therefore, Judicial Misc. case No. 65 of 2014 was filed to condone the delay in filing the Misc. appeal before the learned District Judge.

(3.) AN objection was filed by the present respondents to the said application for condonation of delay on the ground that injunction application after being heard was posted to 15.5.2014 for pronouncement of orders and the order was also pronounced on the same day. The suit was posted to 2.6.2014 and not 25.6.2014 as submitted by the plaintiffs/petitioners. As a matter of fact, on 2.6.2014, learned counsel appearing for the plaintiffs/petitioners was present in Court to appear in the suit and therefore, contention of the petitioners that they came to know about the order dated 15.5.2014 only on 25.6.2014 is not correct.