Mairembam Prithviraj Singh @ ... vs Thongam Shanti Singh & Anr
2022 Latest Caselaw 533 Mani

                                                                  Item No. 26
                IN THE HIGH COURT OF MANIPUR
                          AT IMPHAL

                     MC(El. Pet.) No. 163 of 2022

   Mairembam Prithviraj Singh @ Prithiviraj
                                                     .....Applicant/s
                                   - Versus -

   Thongam Shanti Singh & Anr.
                                                     .... Respondent/s

BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

24.11.2022

Heard Mr. Ajoy Pebam, learned counsel appearing for the applicant, Mr. P. Praveenkumar, learned counsel appearing for respondent No. 1 and Mr. N. Kumarjit, learned senior counsel assisted by Mr. N. Zequeson, learned counsel appearing for respondent No. 2.

The present application had been filed seeking leave to allow the applicant to file replication to the written statement filed by respondent No. 1 in the connected El.Pet. No. 2 of 2022.

The counsel for respondent No. 1 raised an objection that in the election petition filed by the applicant, the applicant has never stated that the issue raised in the present election petition is covered by the judgment rendered by the Apex Court and such pleadings have only been raised in the replication sought to be filed by the applicant. According to the learned counsel, these are the new facts which cannot be averted by the applicant in his replication.

This Court is of the considered view that question as to whether the issue raised in a particular case is covered by the judgment rendered by the Apex Court can be raised at any point of time during the trial and such averments cannot be construed as a new facts. In view of the above, this Court did not find any reason for sustaining the objection raised by respondent No. 1. Accordingly, the present application is allowed.

Registry is directed to put on record the said replication filed by the applicant in the connected record.

Misc. Case stands closed.

JUDGE joshua

KH. JOSHUA Digitally signed by KH.

                         JOSHUA MARING
              MARING     Date: 2022.11.24
                         14:01:31 +05'30'