CRP No. 17 of 2016 in Original Suit No. 13 of 2016. Case: Lalboi T. Haokip Vs Ngulminlen Sitlhou and Ors.. Manipur High Court

Case Number:CRP No. 17 of 2016 in Original Suit No. 13 of 2016
Party Name:Lalboi T. Haokip Vs Ngulminlen Sitlhou and Ors.
Counsel:For Appellant: L. Sharat Sharma, Advocate and For Respondents: T. Rajendra, Advocate
Judges:Kh. Nobin Singh, J.
Issue:Code of Civil Procedure, 1908 (CPC) - Order VIII Rule 1; Section 115; Constitution of India - Article 227
Judgement Date:February 21, 2017
Court:Manipur High Court
 
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Judgment:

Kh. Nobin Singh, J.

  1. Heard Shri L. Sharat Sharma, the learned counsel appearing for the petitioner and Shri T. Rajendra, the learned counsel appearing for the respondents.

  2. The present Civil Revision Petition has been filed by the petitioner against the order dated 29-09-2016 passed by the Learned Civil Judge, Senior Division, Churachandpur in Judl. Misc. Case No. 103 of 2016 (Ref:-O.S. No. 13 of 2016) whereby the learned Civil Judge has refused to condone the delay in filing the written statement.

  3. According to the petitioner, in the month of January, 2007 the petitioner approached the respondent No. 2 for allowing him to run a school in a piece of agricultural land under Patta No. 98/247 measuring an area of 1.33 acres situated within Torbung Revenue Village for a period of five years commencing from January, 2008 till December, 2013 on payment of a monthly rent of Rs. 1,500/- (rupees one thousand five hundred) and for that purpose, a Lease-Deed dated 05-07-2007 was signed between the petitioner and the respondent No. 2.

  4. After the expiry of the period specified in the said lease-deed, the respondent Nos. 1 and 2 filed a suit before the Court of Civil Judge, Senior Division, Churachandpur for eviction and recovery of possession from the petitioner in respect of the said agricultural land and a summon issued thereof was received by the wife of the petitioner on 26-03-2016 and in pursuance thereof, the petitioner entered appearance through his counsel on 12-04-2016. On 05-05-2016 the wife of the petitioner filed a application being Judl. Misc. Case No. 9 of 2016 which was dismissed on 28-07-2016 with the direction that the written statement be filed on 08-08-2016. On 08-08-2016 the petitioner filed his written statement along with an application being Judl. Misc. Case No. 103 of 2016 praying for condonation of delay in filing thereof. The said application was contested by the respondents herein contending inter-alia that the filing of the said application being Judl. Misc. Case No. 9 of 2016 was nothing but a malafide motive of the petitioner in collusion with his wife to defeat the very purpose of the suit and the same could never be the explanation for inability to file the written statement within the prescribed period and the reasons assigned therein were not sufficient to condone the delay in filing the written statement. The Learned Civil Judge, after having heard the learned counsels appearing for the parties, was...

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