K. ASHANG KOM Vs. NAJIMUDDIN SHAH (MD.)

JUDGEMENT

(1.) This petition has been filed by the petitioners to condone the delay of 528 days in filing the appeal against the judgment and order dtd. 13/3/2018 passed in O.S.No.67 of 2012 on the file of the Civil Judge, Senior Division, Imphal East.

(2.) Originally, M.C.(RFA) No.26 of 2019 has been filed by the defendants 1 and 2 in the suit. Pending M.C.(RFA) No.26 of 2019, the second defendant died and his legal heirs were impleaded as petitioner Nos.2(a) to 2(e) as per the order of this Court dtd. 19/4/2021 in MC(RFA) No.6 of 2021. Similarly, the second plaintiff died pending M.C.(RFA) No.26 of 2019 and his legal heirs were impleaded as respondent Nos.2(a) to 2(e) as per the order passed in MC (RFA) No.10 of 2020.

(3.) The case of the petitioners is that the petitioners, on being informed by his conducting counsel that judgment and decree has been passed by the Civil Judge, Senior Division, Imphal East in favour of the plaintiffs in O.S. No.67 of 2012, instructed their conducting counsel to file an appeal against the judgment dtd. 13/3/2018 and after obtaining the certified copies of decree and judgment, appeal was filed on 10/8/2018 along with an application to condone the delay of 59 days before the District Judge, Imphal East. By the order dtd. 16/9/2019 passed in Civil Appeal No.12 of 2019, the District Judge, Imphal East held that the District Court, Imphal East has no pecuniary jurisdiction to entertain the appeal as the value of the suit is Rs.1,56,000.00 and, accordingly, ordered for presenting the appeal before the High Court.