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2022 Supreme(Gau) 73

MARLI VANKUNG
Vanlalchami Bawihtlung – Appellant
Versus
Lalngaihawmi, D/o. Chalthangi (L) – Respondent


Advocates Appeared:
For the Appellant : Mr. Vanlalnghaka, Ms. Avanti Zorempuii Bhuyan.
For the Respondent: Mr. B. Lalramenga, Ms. H. Kristazi, Mr. Roshan Subedi, Mr. Vanlalhruaia Vanchhawng, Ms. C. Lalhriatpuii, Ms. Lalhmingthangi Fanai.

JUDGMENT :

Both the parties are represented by their learned counsels. Heard the submissions made by Mr. Vanlalnghaka, learned counsel for the applicant/appellant and Mr. B. Lalramenga learned counsel for the opposite party.

2. The applicant has submitted this application for to adding “read with Section 151 CPC 1908” to the cause title in FAO No.1/2019. First Appeal Order was filed under Order 41 Rule 1 CPC praying for setting aside and quashing the Order dt.17.05.2019 passed by the Ld. Additional District & Sessions Judge-III in CMA No.299 of 2018, A/o RFA No.17 of 2018 wherein the Learned lower Court had condoned the delay of 3449 days.

3. Mr. Vanlalnghaka, learned counsel for the applicant/appellant has submitted that due to the haste in submission of the FAO No. 1/2019, he had mistakenly not added “read with section 151 CPC to section 41 Order 1 CPC in the cause title in FAO No.1/2019. That in allowing the addition of “read with section 151 CPC”, the court may invoke its inherent powers under section 151 C.P.C and admit the First Appeal Order and set aside the impugned order dated 17.05.2019 wherein the lower court had wrongfully condoned a delay of as many as 3449 days. That in

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