STATE OF MANIPUR Vs. KOTING LAMKANG

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the Judgment and order dated 27.11.2017 passed by the High Court of Manipur at Imphal in M.C. (RFA)No. 19 of 2017 in reference to RFA No. 5/2017 whereby and where under, the learned Judge after considering the application filed by the appellants for condonation of delay of 312 days in preferring the Regular First Appeal, has declined to condone the delay and the application was consequently dismissed. The condonation was sought by the appellants with the projection that they made a bonafide mistake in preferring the appeal against the impugned order and decree dated 18.07.2016 before the wrong forum i.e. learned District Judge, Imphal West. The Court however did not entertain the appeal on the ground that the Court has no pecuniary jurisdiction to entertain the appeal. Accordingly, Judl.Misc. Case No. 32 of 2017 was disposed of by the learned District Judge on 28.07.2017 permitting the appellant to file appeal before the High Court of Manipur.

(3.) From the application for condonation of delay in RFA No. 19/2017, it can be seen that the time spent by the appellant in the wrong forum was 44 days (15.06.2017 to 28.07.2017). The learned Judge of the High Court found that the delay was not explained for the other days. The condonation application was accordingly rejected with the observation that there is no explanation for the time taken by the appellants between 18.07.2016 and 15.06.2017. On that basis, the Regular First Appeal was not entertained on merits.