UNION OF INDIA Vs. RALKAPTHANGA

JUDGEMENT

(1.) Heard Ms. Zairemsangpuii, learned CGC for the applicants and Mr. A.R Malhotra, learned counsel for the respondent No. 1. Also heard Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram for the Proforma respondents.

(2.) By filing this application, the applicants seek condonation of 415 days delay in preferring the connected appeal against the Judgment and Decree dtd. 7/3/2018 passed by the learned Senior Civil Judge-III, Aizawl Judicial District, Aizawl in Civil Suit No. 5/2015.

(3.) Ms. Zairemsangpuii, learned CGC submits that the Judgment and Order was passed by the learned Trial Court on 7/3/2018 and a certified copy of the same was applied for on 16/3/2018. However, the certified copy become available for delivery to the applicants only on 20/7/2018 after more than 4 (four) months from the date of its application. On receiving the certified copy, the applicants took about 185 days for obtaining legal opinion and thereafter, 50 days time was spent to bring the entire records from the Headquarter for obtaining the opinion of the then Assistant Solicitor General of India. By the time, the consultation process and the preparation of the appeal was finalized, a delay of 415 days had occurred. She submits that as the delay has occasioned due to bona fide reasons, the same may be condoned. She also submits that even on merit, the applicants have a good case and they have every chance of succeeding in the appeal. She further submits that the issue involved in the appeal, in fact, is connected with another matter, which is under consideration by the State authorities on the basis of the direction given by this Court in a writ petition. Therefore, the outcome of such consideration may also be taken into account to consider the present application. As such, Court may condone the delay in filing the appeal otherwise, the applicants will face great hardship and loss. In support of her submission, the learned CGC refers to the case of State of Haryana Vs. Chandra Mani and Ors., (1996) 3 SCC 132.