Page No.# 1/3 GAHC030006362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/167/2025 Zodinpuii W/o Thannghinglova (L), R/o Tlangnuam, Aizawl, Mizoram VERSUS Smt Vanlalpari W/o Thannghinglova (L), R/o Luangmual, Lunglei Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Linked Case : CRP/10/2025 Zodinpuii W/o Thangnghinglova (L) R/o Tlangnuam Aizawl Mizoram VERSUS Smt Vanlalpari W/o Thangnghinglova (L) R/o Luangmual Lunglei Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Page No.# 2/3 Advocate for the Respondent : Mr C Zokhuma BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 01.12.2025 Heard Mr. Joseph Lalchhanhima, learned counsel for the applicant. Also heard Mr. J V L Malsa wmdawngliana, learned counsel appearing for the sole respondent. By way of this interlocutory application under Section 5 of the Limitation Act, 1963, the applicant is seeking condonation of delay of 30 days in filing the accompanying revision petition under Article 227 of the Constitution of India read with Section 115 of the CPC against the order dated 15.05.2025 passed by the learned Civil Judge (Senior Division-I), Lunglei Judicial District, Lunglei, Mizoram in CMA No. 25/2025 arising out of Probate Case No. 5 of 2025 by condoning the delay of 1281 days in filing Probate Case No. 5/2025. It appears that the applicant is aggrieved by the order of the learned Trial Court, whereby the delay of 1281 days has been condoned in filing the probate case. However, while filing the accompanying revision petition challenging the said order of condonation passed by the learned Trial Court, there has been a delay of 30 days. Mr. Joseph Lalchhanhima, learned counsel for the applicant submits that the delay is bonafide and non-deliberate and has been caused due to the circumstances, beyond the control of the applicant. He further submits that since the applicant was not aware of the pendency of the probate proceeding in which the delay had been condoned by the learned Trial Court, the delay of 30 days in filing the accompanying revision petition has occurred. Page No.# 3/3 Per contra, Mr. J V L Malsawmdawngliana, learned counsel for the sole respondent fairly submits that he has received no instruction to object to the delay of 30 days being condoned in filing the connected revision petition. I have heard the learned counsels for the parties and also perused the materials available on record. It appears that the delay of 30 days has primarily occurred due to the applicant being not aware of the pendency of the Probate Case No. 5/2025 and the passing of the order dated 15.05.2025, whereby the delay of 1281 days was condoned by the learned Trial Court. It further appears that the applicant came to know of the said order dated 15.05.2025 only on 01.08.2025 when the applicant appeared before the learned Civil Judge (Senior Division-I), Lunglei Judicial District, Lunglei, Mizoram to formally sign the written statement-cum-counter claim after this Court in RFA No. 27/2021 by judgment dated 27.03.2025 had remanded the matter back to the learned Trial Court with a direction to cure the defects in the written statement-cum-counter claim and thereafter, to proceed afresh. It further appears that the explanations stated in paragraphs 3 to 13 of this interlocutory application are sufficient and bonafide and accordingly, the delay of 30 days in filing the connected revision petition is condoned. With the above observations, this interlocutory application, stands allowed and disposed of. JUDGE Comparing Assistant