TAKTUK BHUTIA @ T T BHUTIA Vs. PURE COKE

JUDGEMENT

(1.) The instant Petition under Rules 16, 17 and 18 of the Sikkim High Court (Practice and Procedure) Rules, 2011 (for short "P. P. Rules"), purports to be a Petition for condonation of fifty-one days delay, in filing the Regular First Appeal (RFA).

(2.) The facts relevant for the disposal of this Petition are that, on 07-10-2015, the Defendants No.1 to 3 (the Respondents No.1 to 3 herein), filed an Application under Order VII Rule 11, read with Section 151 of the Code of Civil Procedure, 1908 (for short "CPC"), before the Learned District Judge, East Sikkim, at Gangtok, in Money Suit No.06 of 2015, Taktuk Bhutia vs. M/s. Pure Coke and Others. The Application was allowed vide the impugned Order dated 12-05-2016, inter alia, with the finding that the Suit was barred by limitation and the Court had no jurisdiction in the matter, thereby dismissing the Suit of the Plaintiff (the Appellant herein).

(3.) Assailing the impugned Order for the first time before this Court on 09-08-2016, the Appellant filed a First Appeal from Order (FAO), according to the Appellant, within the period of limitation, but was not listed before the Court, due to defects pointed out therein. On 15-10-2016, the FAO was re-filed after curing of defects. The Registry declined to place the matter before the Court for a second time as the Counsel for the Appellant lacked a specific letter from the Sikkim State Legal Services Authority (SSLSA), appointing him as Counsel for appearance in the matter before the High Court. Consequent thereupon, the SSLSA was approached, necessary letter obtained and the FAO re-filed on 10- 11-2016. Following the above events, the Appellant again withdrew the FAO No.03 of 2016 on 15-11-2016 and on being so advised, filed the present RFA on 16-11-2016, leading to, according to him, a total delay of fifty-one days. That, the delay occurred due to nonavailability of the Appellant and also due to the ensuing festive season. That, the Appellant shall suffer irreparable loss and injury, if the Appeal is not allowed, hence, the Petition be allowed condoning the delay on the grounds put forth.