JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. S.K. Medhi, learned counsel for the applicant; Mr. L. Khiangte, learned counsel for the opposite party No. 1 and Ms. L.L. Fambawl, learned Additional Advocate General for the opposite party Nos. 2, 3 & 4.

2. This interlocutory application, under Section 5 of the Limitation Act, 1963, is preferred by the applicant, North East Frontier Railways for condonation of delay of 488 days in preferring an appeal, against the Judgment, Order and Decree dated 01.04.2022, passed by the learned Senior Civil Judge, Kolasib, Mizoram, in Damage Suit No. 06/2019.

3. It is to be noted here that vide impugned Judgment, Order and Decree dated 01.04.2022, the learned trial court had directed the applicant to pay compensation, for causing damages to the crops and excess area of the plaintiff’s land, measuring about 2.62 Hectares, which was taken and destructed by the N.F. Railway in excess of the originally acquired area of 0.40 Hectare, while constructing a railway line from Bairabi to Sairang.

4. The opposite party/respondent No. 1 has opposed the petition and filed written objection for condoning the delay. It is stated that while the Judgment, Order and Decree was