The court recognized that a significant delay in filing an appeal can be condoned if it is demonstrated that the delay was not intentional and if it serves the interests of justice.

JUDGMENT

Date : 29-10-2021

This is application, under Rule 3A Order XLI of the Code of Civil Procedure, 1908, read with Section 14 of Limitation Act , 1963, is preferred by Shri Oying Moyong, against the order dated 10.01.2017, passed by the learned Deputy Commissioner, East Siang District, Pasighat.

2. It is to be mentioned here that vide impugned order, dated 10.01.2017, the learned Deputy Commissioner, East Siang District, Pasighat has issued succession certificate in favor of the respondent Shri Oyem Moyong, under section 373 of the Indian Succession Act , 1925.

3. The factual background leading to filing of the present petition before this court is adumbrated hereinbelow:-

“The applicant/petitioner -Shri Oyin Moyong is the S/o Lt. Bakuk Moyong of Village -Mirku, under Pasighat Police Station. And the respondent -Shri Oyem Moyong is his own brother. They have altogether 6 brothers and one sister and out of 6 brothers, one has already expired. Sometimes in the month of June, 2017, the petitioner/applicant came to know about issuance of a succession certificate in favor of the respondent -Shri Oyem Moyong, by the Deputy Commissioner, East Siang District, Pasighat, in respect of estates of his mother Lt. Bakok Moyong. Then, he preferred one RTI application and obtained the information about the same on 03.11.2017. He also came to know from the reply of the RTI that the respondent Shri Oyem Moyong, on 03.11.2016, applied for succe3ssion certificate without mentioning the name of the petitioner and his elder brothers in the application and the Deputy Commissioner, East Siang District, Pasighat upon the said application, has granted succession certificate to him on 10.01.2016, vide succession case No. 120/2017. Then, the petitioner and 2 (two) of his brothers submitted an appeal/representation before the Deputy Commissioner, East Siang District, Pasighat on 07.06.2017, for cancellation of the said certificate. But, the Deputy Commissioner, East Siang District, Pasighat has not disposed of the said representation. Thereafter, on 12.06.2017, the petitioner again submitted an appeal/representation to the Deputy Commissioner, East Siang District, Pasighat for cancellation of the said succession certificate, issued in favor of the respondent in contravention of Section 373 of the Indian Succession Act , 1925. But, the same is yet to be disposed of by the Deputy Commissioner, East Siang District, Pasighat. Subsequently, on 15.12.2017, he issued one reminder to the Deputy Commissioner, for cancellation of the said succession certificate. But, the same has also not been disposed of. Then, on bonafide believe, he awaited for cancellation of the said succession certificate. But, having not been received any reply; he filed one writ petition, being WP (C) No. 517/ 2019, before this court. But, subsequently, he withdrawn the same with a liberty to file appropriate application, challenging the legality of succession certificate and thereafter, on 10.01.2017, with the advice of his counsel he decided to file an appeal. But, as his counsel was out of station and as he fell sick owing to old age related ailments and also for extreme back pain and was bed ridden for 7 (seven) days and as such he could not come to Naharlagun to file the appeal. He again travelled to Naharlagun to file the appeal, but, his counsel took 29 days time from 05.02.2020, to 04.03.2020, to prepare draft of the appeal and the instant interlocutory application for condoning the delay and for settlement of issues involved in the appeal and as such, the appeal and the instant application could not be filed on time and there was a delay of