Maringmei Acham vs Maringmei Khuripou & Anr
2022 Latest Caselaw 32 Mani

                                                                                  Item No. 3
         Digitally                                              (Through Video Conferencing)
LAIREN signed by
MAYUM LAIRENMAYU
       M INDRAJEET         IN THE HIGH COURT OF MANIPUR
INDRAJ SINGH                         AT IMPHAL
       Date:
EET    2022.02.03
SINGH 12:07:07
       +05'30'
                            CRP(C.R.P.Art.227) No. 4 of 2022

       Maringmei Acham
                                                                               ....Petitioner
                                             - Versus -

       Maringmei Khuripou & anr.
                                                                            ...Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

02.02.2022

The petitioner in this Civil Revision Petition, filed under Article 227 of the Constitution of India, is the first respondent in Civil Misc. Appeal No. 1 of 2021 on the file of the Ld. District Judge, Churachandpur. He filed this revision aggrieved by the judgment dated 05.04.2021 passed therein.

Heard Mr. S. Abung, learned counsel for the petitioner. Civil Misc. Appeal No. 1 of 2021 was filed by the respondents herein against the order dated 13.11.2020 passed by the Ld. Civil Judge (Senior Division), Churachandpur, in Judl. Misc. Case No. 101 of 2019. By the said order, the Trial Court had observed that Judl. Misc. Case No. 101 of 2019 arose out of alleged violation of the interim order passed in Judl. Misc. Case No. 68 of 2014 in O.S. No. 39 of 2014 but as the record pertaining to Judl. Misc. No. 68 of 2014 was in the custody of the Appellate Court in relation to the pending appeal filed against the said order, the hearing of Judl. Misc. Case No. 101 of 2019 could not be taken up and the matter would have to be kept in abeyance till an appropriate order was obtained from the Appellate Court.

In the light of this order, the respondents herein, being the plaintiffs in the suit, filed Civil Misc. Appeal No. 1 of 2021 before the Ld. District Judge, Churachandpur. By the judgment dated 05.04.2021 passed therein, presently under challenge in this revision, the Appellate Court took

note of the fact that the Trial Court had kept the matter in abeyance only for the want of the original record which was held up in the Appellate Court and directed that certified true copies of the original documents and record be obtained in Civil Appeal No. 2 of 2015 and to send back the said original documents and record to the Trial Court. The Appellate Court accordingly set aside the order of the Trial Court and allowed the appeal so as to enable the proceedings before the Trial Court to commence and be decided on merits.

Though Mr. S. Abung, learned counsel, would contend that the Appellate Court erred in passing the aforestated judgment without notice to his client, this Court is not impressed. The petitioner had no role to play in the decision of the Appellate Court as to whether it should retain the original records or hear the appeal on the strength of certified true copies. That decision was entirely within the domain and discretion of the Appellate Court and the petitioner had no say in that matter at all. Therefore, the judgment passed by the Appellate Court without notice to the petitioner, though he was arrayed as the first respondent in the said appeal, does not warrant interference.

This Civil Revision Petition is devoid of merit and is accordingly dismissed.

No order as to costs.

A copy of this order shall be supplied online or through whatsapp to the learned counsel for the parties.

CHIEF JUSTICE

Indrajeet