SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(SC) 1218

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
State of Manipur – Appellant
Versus
Koting Lamkang – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Leishangthem Roshmani Kh, AOR Ms. Anupama Ngangom,Adv.
For the Respondent(s): Mr. Sridhar Potaraju,Adv. Shri. Gaichangpou Gangmei, AOR Ms. Shweta Parihar,Adv. Ms. Shiwani Parihar,Adv. Ms. G. Usharsi,Adv. Mr. Vishnu Thulasi Menon,Adv.

ORDER :

HRISHIKESH ROY, J.

Leave granted.

2. This appeal is preferred against the Judgment and order dated 27.11.2017 passed by the High Court of Manipur at Imphal in M.C. (RFA)No. 19 of 2017 in reference to RFA No. 5/2017 whereby and where under, the learned Judge after considering the application filed by the appellants for condonation of delay of 312 days in preferring the Regular First Appeal, has declined to condone the delay and the application was consequently dismissed. The condonation was sought by the appellants with the projection that they made a bonafide mistake in preferring the appeal against the impugned order and decree dated 18.07.2016 before the wrong forum i.e. learned District Judge, Imphal West. The Court however did not entertain the appeal on the ground that the Court has no pecuniary jurisdiction to entertain the appeal. Accordingly, Judl.. Case No. 32 of 2017 was disposed of by the learned District Judge on 28.07.2017 permitting the appellant to file appeal before the High Court of Manipur.

3. From the application for condonation of delay in RFA No. 19/2017, it can be seen that the time spent by the appellant in the wrong forum was 44 days (15.06.2017 to 28.07

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top