DEVI PRASAD SHARMA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Learned Senior Counsel for the Applicant on I.A. No.01 of 2024, which is an application under Sec. 5 of the Limitation Act, 1963 (hereinafter, the 'Limitation Act'), seeking condonation of 118 days' delay in filing the instant Appeal.

(2.) It is submitted by Learned Senior Counsel that, on 14/9/2023, the Court of the Learned Principal District Judge, Gangtok, Sikkim, in Title Suit No.32 of 2022 (Devi Prasad Sharma vs. The State of Sikkim and Others), pronounced the impugned Order under Order VII Rule 11 of the Code of Civil Procedure, 1908. The limitation for taking steps against the impugned Order expired on 13/12/2023. That, inadvertently instead of approaching this Court by filing a Regular First Appeal (RFA), a Petition under Article 227 of the Constitution of India being WP(C) No.01 of 2024 (Devi Prasad Sharma vs. State of Sikkim and Others), was filed by the Applicant on 3/1/2024. Thereafter, as advised, the Petition under Article 227 of the Constitution was withdrawn by the Applicant on 19/3/2024 and the instant RFA filed on 10/4/2024. That, the delay has occurred on the ground of an inadvertent error committed by Learned Senior Counsel for the Applicant on account of which the Applicant ought not to suffer. Besides, the delay that occurred in filing the Petition under Article 227 of the Constitution and the filing of the instant RFA was due to the personal unavoidable engagements of Learned Senior Counsel for the Applicant. That, the Appeal merits a hearing as it involves important law points. Hence, the delay having been sufficiently explained and the onus for the delay lying mostly with Learned Senior Counsel for the Applicant, the delay may be condoned and the application disposed of accordingly.

(3.) Learned Government Advocate for the State-Respondents No.1 to 5 while resisting the arguments of Learned Senior Counsel for the Applicant seeking condonation of delay submitted that the Applicant has failed to put forth the 'sufficient cause' for not preferring the Appeal.