BISHNU MAYA RAI Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) By filing I.A. No.01 of 2017, the Petitioner herein, seeks condonation of delay of 127 days in filing the Revision Petition.

(2.) The delay, it is explained, was inadvertent, having arisen on account of a wrong choice of Forum. That, the Learned Civil Judge, East Sikkim, at Gangtok, passed an Order dated 28-07- 2016, in Title Suit No.12 of 2014, after hearing the preliminary issues on res judicata and Order II Rule 2 of the Code of Civil Procedure, 1908 (for short "CPC") and dismissed the issues. Seeking to assail this Order, the Petitioner approached the Court of the Learned Special Division - I, East Sikkim, at Gangtok, by filing an Appeal, registered as Title Appeal No.02 of 2016. That, the error of wrong Forum, remained unnoticed by the Petitioner and the Court till an objection was raised by the Respondents No.2 and 3, which resulted in withdrawal of the Appeal and the filing of the Revision Petition herein. That, the aforesaid circumstance was due to a bona fide error on the part of the Counsel for the Petitioner, hence, the delay that has occurred due to the wrong choice of Forum, be condoned and the Revision Petition be heard in the interest of justice. The prayers were garnered with support from the ratio in Balbir Singh vs. Bogh Singh, 1974 1 SCC 854.

(3.) Refuting the prayer for condonation of delay, the Respondent No.1 filed a written objection stating, inter alia, that the Petitioner had based her claims on manipulated land records, obtained with the help of the Officials of the Respondent No.7 and thereby Judgment had been pronounced in her favour right from the Trial Court to the Hon'ble Supreme Court. That, the Respondents No.5, 6 and 7 by a Petition before the Court of the Learned Civil Judge, East Sikkim, at Gangtok, now seek a spot verification of the disputed site by appointment of a Commission, which is being resisted by the Petitioner, as she is trying to conceal the forgeries carried out by her. That, the Petitioner is adopting all measures to keep the matter pending before the Learned Trial Court, which cannot be termed as "a bona fide mistake". That, the Petitioner had filed the Appeal to mislead the Court of the Learned District Judge, Special Division - II, East Sikkim, at Gangtok. Hence, the Petition being devoid of merit, be dismissed with costs. No verbal arguments were put forth by Counsel for Respondent No.1.