JUDGMENT :

1. Heard Mr. Joseph LRenthlei, learned counsel for the petitioner as well as Mr. J.C Lalnunsanga, learned counsel for the respondent Nos. 1 & 2.

2. This is a petition submitted under Section 115 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of India against the impugned order of the Ld. Senior Civil Judge dated 22.01.2020 in CMA No. 385/2018 arising out of Review Petition No. 14/2018 between Smt. Varthantluangi & Anr. vs. Smt. Lalropuii & Ors.

3. The petitioner’s case is that aggrieved by the Order dated 22.01.2020 in CMA No. 385/2018, arising out of Review Petition No. 14/2018 wherein, the Senior Civil Judge had condoned the delay of 305 days in filing the Review Petition No. 14/2018 by the respondent Nos. 1 & 2.

4. Brief facts of the case is that the respondent No. 1 filed a Civil Suit No. 111/2017 for ownership/entitlement over a plot of land in her favour on the strength of a sale deed. Thereafter, the respondents filed an application for withdrawal of the said Civil Suit No. 111/2017 with a liberty to file afresh on the same cause of action.

5. The Senior Civil Judge-II, however, passed the an order dated 05.10.2017 in CMA No. 526/2017 arising out of Civil Suit No. 111/2017 allowing the respondent to withdraw the suit Civil Suit, however, no liberty was given to file a fresh suit. Meanwhile, the petitioners had filed an Eviction Suit No. 13 of 2017 for eviction of the respondent No. 2 from the suit land, wherein the respondent No. 1 has filed an application for impleadment. Thereafter, the petitioner filed a Review Petition No. 14/2018, for review of the Order dated 05.10.2017 in CMA No. 526 of 2017 on 06.09.2018 and had also filed CMA No. 385/2018 arising out of the Review Petition No. 14/2018 for condoning the delay in filing the Review Petition. On 22.01.2020, the Senior Civil Judge passed the impugned order allowing the condonation of delay application and filing the Review Petition No. 14/2018. Being aggrieved by this Order dated 22.01.2020, the petitioners have now approached this Court for setting aside the order of the learned Senior Civil Judge-I in allowing the condonation of delay filed by the respondents

6. Mr Joseph L Renthlei, learned counsel for the petitioner submits that the learned Senior Civil Judge had erred in passing the impugned Judgment & Order dated 22.01.2020, condoning the delay of 305 days for the reason that the learned court was wrongly misinformed by the counsel for the respondents that there was understanding between the counsels when the Civil Suit No. 111/2017 was withdrawn, while the petitioner was not even aware of the Civil Suit No. 111/2017.

7. The learned counsel for the petitioner further submits that the learned Senior Civil Judge had noted in the impugned order dated 22.01.2020 that the petitioner became aware of the necessity for filing of the Review Petition only after the refusal to allow the impleadment of the applicant/respondents in Eviction Suit No. 13/2017. The learned counsel submits that this observation of the learned court, based on which condonation application was allowed, is not correct which is clear from the records. He submits that the impleadment application was not allowed in an order dated 19.11.2018 in Eviction Suit No.13/2017, whereas, the application for condonation was already filed in the month of April, 2018. Therefore, the reasons given by the learned Senior Civil Judge in allowing the condonation of delay, is not supported by the records.Moreover, even after the written objection to the impleadment application was filed, there was still a delay of 90 days for which there is no explanation given in thecondonation application. In support of his submissions, the learned counsel has cited the following cases:-

(i) D. Gopinathan Pillai vs. State of Kerala &Anr., reported in (2007) 2 SCC 322.

(ii) Esha Bhattacharjee vs. Managing Committee of Reghunathpur Nafar Academy &Ors., reported in (2013) 12 SCC 649,

(iii) Shalini Shyam