STATE OF MANIPUR REPRESENTED BY PRINCIPAL SECRETARY (HOME), GOVERNMENT OF MANIPUR Vs. KOTING LAMKANG

JUDGEMENT

(1.) Heard Shri R.S. Reisang, the learned Sr. Government Advocate appearing for the applicants/ appellants and Shri R.T. Rebirthson, the learned counsel appearing for the respondent.

(2.) This is an application filed on behalf of the applicants/ appellants, the State respondents praying for condonation of delay of 312 days in preferring the Regular First Appeal on the ground of bonafide mistake namely, the Applicants/ Appellants did prefer an appeal against the impugned Judgment and Decree dated 18-07- 2016 before the learned District Judge, Imphal West which was rejected on 28-07-2017 by it on the ground that it had no appellate pecuniary jurisdiction to entertain the appeal. The relevant paragraphs 2 to 5 of the application are reproduced herein below:-

(3.) In order to contest the application, an affidavit-in-opposition has been filed by the respondent wherein it has been submitted that there is no cogent reason or any sufficient cause for having preferred the appeal after a long time. After the Judgment and Decree being passed on 18-07-2016, the respondent filed an Execution Case being E.C. No. 2 of 2016 in which the defendants therein namely, the applicants/ appellants herein participated in the proceedings through their counsels. Since the applicants/ appellants have the knowledge of the judgment and decree being passed on 18-07-2016, the lapse and inaction on their part shall not be the ground for condoning the delay without proper explanation. The respondent has denied the averment that the delay was due to bonafide mistake and that it is a lame excuse just to cover up the mala fide attitudes, negligence and dilatory pleas of the applicants/ appellants. Although the judgment and decree having been passed on 18-07-2016, the applicants/ appellants approached the learned District Judge only on 15-06-2017 after a lapse of about 11 (eleven) months and there is no explanation for not preferring the appeal prior to 15-06-2017.