TARA KUMAR PRADHAN Vs. YUBA KUMAR PRADHAN

JUDGEMENT

(1.) This Petition, purportedly for condonation of delay has been filed under Rules 16, 17 and 18 of the Sikkim High Court (Practice and Procedure) Rules 2011, seeking condonation of delay of 59 days in filing the RFA.

(2.) For clarity in the matter, we may briefly advert to the facts leading to the RFA and the instant Petition. Civil Misc. Case No. 15 of 2011 was registered in the Court of the learned District Judge, East District at Gangtok, on a Petition filed by the Respondent herein, for letters of administration under Section 278 of the Indian Succession Act, 1925, duly contested by the Petitioner/Appellant herein. The learned District Judge while allowing the Petition held that the Will in dispute was a valid Will.

(3.) Aggrieved by the finding in the said Order, the Petitioner/Appellant (hereinafter "Petitioner") preferred an RFA and filed it for the first time on 12.08.2016 before the Registry of this Court, which was however not listed on account of non-payment of Court Fees. After rectifying other defects pointed out by the Registry, the matter was refiled on 15.10.2016 but once again not listed for non-payment of Court Fees. The issue was raised before the Registrar, where the learned Counsel for the Petitioner sought to explain that as the Petitioner was the Respondent No.1 before the learned Trial Court and as the RFA was being preferred by him, hence he was not required to pay the Court Fees. Regardless, the Registry insisted on payment of Court Fees. Consequently, learned Counsel for the Petitioner after conferring with the Petitioner on the matter decided to pay the Court Fees, during the course of which an entire month elapsed. The RFA was then filed on 22.10.2016, hence the delay of 59 days. That, the Petitioner bona fide believed that the steps taken by him and his Counsel were correct and came to learn of the anomalies on 21.10.2016. On being advised, the instant Appeal was filed on 22.10.2016, his case being strong on merits, hence the prayer for condoning the delay of 59 days.