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2025 DAILYLAW 157 (MAN)

Laishram Swarnalata Devi v. Laishram (N) Memchoubi Devi and 2 Others

MC(Mat.App.)/18/2025 · 2026-02-04

Ahanthem Bimol Singh

body2025

Judgment text

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P a g e 1 | 2 Item No. 13 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(MAT. APP.) No. 18 of 2025 Laishram Swarnalata Devi … Applicant - Versus - Laishram (N) Memchoubi Devi & 2 Ors. … Respondents B E F O R E HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR HON’BLE MR. JUSTICE A. BIMOL SINGH O R D E R [M. Sundar, CJ] 05.02.2026 [1] Captioned miscellaneous case (MC) has been filed seeking condonation of delay (CoD) qua 44 days delay in filing a matrimonial appeal. [2] Mr. Ashokkumar, learned counsel for applicant submitted that the main appeal is directed against a judgment & decree dated 09.04.2025 in Matrimonial (Declaration) Suit No. 21 of 2023 on the file of Ld. Family Court Judge, Manipur (impugned judgment). It was submitted that in and vide impugned judgment, appellant’s suit seeking declaration that she is an unmarried daughter of deceased parents namely, Laishram Mangoljao Singh and Laishram Bembem Devi was dismissed. [3] As regards the delay, adverting to Paragraph No. 4 of the CoD MC, learned counsel submitted that there was a lapse in communication between appellant and her counsel in Trial Court owing to which the KHOIROM BIPINCHAN DRA SINGH Digitally signed by KHOIROM BIPINCHANDRA SINGH Date: 2026.02.05 05:09:37 +05'30' P a g e 2 | 2 appellant came to know about the impugned judgment very late and this resulted in delay that is sought to be condoned. [4] This Court, on 10.10.2025 issued notice to the respondents in the captioned MC, all three respondents have been duly served but they have not chosen to either enter appearance through counsel or come before this Court. To put it differently, the respondents have not come to this Court and oppose the CoD prayer. [5] Nonetheless, this Court examined the CoD plea in the light of nature of matter, trajectory it has taken, facts and circumstances of the case as well as the manner in which the appellant is circumstanced and on the sum total of all these parameters, this Court is of the considered view that the delay in filing afore-referred appeal deserves to be condoned as it is a case of lapse in communication between appellant and her learned counsel in Trial Court. [6] Registry is directed to process the main appeal and assign a number, if objections are removed and the appeal is otherwise in order. [7] Apropos, sequitur is, delay is condoned. Captioned CoD MC is ordered as prayed for. There shall be no order as to costs. JUDGE CHIEF JUSTICE FR/NFR Bipin