VANLALCHAMI BAWIHTLUNG Vs. LALNGAIHAWMI

JUDGEMENT

(1.) Both the parties are represented by their learned counsels. Heard the submissions made by Mr. Vanlalnghaka, learned counsel for the applicant/appellant and Mr. B. Lalram--enga learned counsel for the opposite party.

(2.) The applicant has submitted this application for to adding "read with Sec. 151 CPC 1908" to the cause title in FAO No.1/2019. First Appeal Order was filed under Order 41 Rule 1 CPC praying for setting aside and quashing the Order dt.17/5/2019 passed by the Ld. Additional District and Sessions Judge-III in CMA No.299 of 2018, A/o RFA No.17 of 2018 wherein the Learned lower Court had condoned the delay of 3449 days.

(3.) Mr. Vanlalnghaka, learned counsel for the applicant/appellant has submitted that due to the haste in submission of the FAO No. 1/2019, he had mistakenly not added "read with sec. 151 CPC to sec. 41 Order 1 CPC in the cause title in FAO No.1/2019. That in allowing the addition of "read with sec. 151 CPC", the court may invoke its inherent powers under sec. 151 C.P.C and admit the First Appeal Order and set aside the impugned order dtd. 17/5/2019 wherein the lower court had wrongfully condoned a delay of as many as 3449 days. That in the interest of equity and justice the court has the inherent power to convert an revision petition to an appeal and vice versa. He has relied on the Apex Courts decisions in Ram Prakash Agarwal and Anr. Vs. Gopi Krishan (dead through Lrs.) and Ors. reported in (2013) 11 SCC 296 para 19, Nawab Shaqa-fath Ali Khan Vs. Nawab Imdad Jah Bahadur 162 (2009) 5 SCC.