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2021 Supreme(Gau) 87

NELSON SAILO
Commissioner Aizawl Municipal Corporation Thuampui, Aizawl – Appellant
Versus
F. Sangkunga S/o Kaithiauva (L) R/o Venghlui, Aizawl – Respondent


Advocates Appeared:
For The Appellant : Mr. Lalbiaknunga Hnamte Mr. J. Lalremruata Hmar
For The Respondent: Mr. A.R Malhotra Mrs. K. Lalramnghaki Ms. Mary Lalawmpuii Mrs. Emily L. Chhangte

JUDGMENT & ORDER :

Heard Mr. Lalbiaknunga, learned counsel for the applicant, who submits that the applicant by filing this application seeks condonation of 273 days delay in filing the connected appeal against the Judgment dated 30.11.2018 and Decree passed on the same date by the Court of the Senior Civil Judge-III, Aizawl in Money Suit No. 66/2017.

2. Referring to the application for condonation of delay, the learned counsel submits that since there was some unresolved issues between the counsel for the applicant/appellant and its standing counsel before the Trial Court, the standing counsel concerned did not appear before the Trial Court and the Trial Court passed Order dated 13.12.2017 drawing ex parte proceeding against the applicant. He submits that the Trial Court thereafter proceeded to dispose of the Money Suit vide its Judgment & Decree dated 30.11.2018. The applicant then came to know about the judgment and decree passed by the Trial Court dated 30.11.2018 sometime in the mid-week of February, 2019 and although the standing counsel was contacted, he was still protesting and therefore, no action could be taken up by the applicant. Subsequently, when there was a change of h

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