SH. P.C.LALTHLAMUANA Vs. VANLALRUATSANGI

JUDGEMENT

(1.) The instant application has been filed under Sec. 5 of the Limitation Act, 1963 for condonation of delay in preferring the connected appeal against the order dtd. 25/11/2020 passed by the Court of learned Senior Civil Judge - III, Aizawl in Heirship Application No. 1135/2020. Though the delay was stated to be of 45 days, the same was found by the Office to be 520 days. Accordingly, an additional affidavit was filed on behalf of the applicant attempting to explain the said delay.

(2.) I have heard Shri Lalfakwma, learned counsel for the applicant. I have also heard Mr. J.H. Ramneihmawia, learned counsel for the contesting opposite party / respondent no. 1.

(3.) Shri Lalfakwma, learned counsel for the applicant has submitted that the subject matter of appeal is an order dtd. 25/11/2020 pertaining to allowing the Heirship Application of the opposite party no. 1. At the outset, he submits that though in an application for delay condonation, one is not normally required to traverse upon the merits of the matter, in the instant case, it may also have a bearing as according to the applicant, he is the only surviving son of the original owner. On the other hand, the opposite party no. 1 is the granddaughter and therefore, prima facie, such Heirship Certificate could not have been granted. It is also submitted that the Certificate was granted on the same day when it was applied for without even issuing notice.