Manipur High Court
Unknown vs Shri Akangjam Naran Singh on 17 October, 2022
Item No. 10
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP(C.R.P. Art.227) No. 69 of 2019
1. Smt. Akangjam alias Kangjam Ningol Pramodini Devi, aged
about 67 years, daughter of (late) Ibochou Singh of Tera
Loukarkpam Leikai, P.O. Imphal, P.S. Lamphel, District -
Imphal West, Manipur - 795001.
2. Smt. Akangjam alias Kangjam Ningol Bilashini Devi, aged
about 63 years, d/o (late) Ibochou Singh of Tera Loukarkpam
Leikai, P.O. Imphal, P.S. Lamphel, District - Imphal West,
Manipur - 795001.
3. Shri Akangjam alias Kangjam Ibomcha Singh, aged about 96
years, s/o (late) Atomba Singh, on his death on 26/09/2009
represented by his legal representatives/heirs:-
i. Akangjam alias Kangjam Biren Singh (who being
predeceased on 18/12/1997) is represented by his legal
heirs/representatives (a) Akangjam alias Kangjam
Focus Singh, aged about 38 years, s/o (late) Biren
Singh; (b) Akangjam alias Kangjam Birjit Singh, aged
about 36 years, s/o (late) Biren Singh; (c) Akangjam
alias Kangjam Beeming Singh, aged about 35 years, s/o
(late) Biren Singh of Tera Loukarkpam Leikai, P.O.
Imphal, P.S. Lamphel, District - Imphal West, Manipur
- 795001.
ii. Kangjam (Ningol) Leishangthem (Ongbi) Ibempishak
Devi, aged about 66 years, d/o (late) Ibomcha Singh and
w/o Leishangthem Thoiren Singh, Takyel Khongbal,
P.O. & P.S. - Lamphel, District - Imphal West, Manipur
- 795001.
iii. Kangjam (Ningol) Shougrakpam (Ongbi) Tombi Devi,
aged about 62 years, d/o (late) Ibomcha Singh & w/o
Shougrakpam Gambhir Singh of Takyel Khongbal, P.O.
& P.S. - Lamphel, District - Imphal West, Manipur -
795001.
iv. Kangjam (Ningol) Nongmaithem (Ongbi) Rebati Chanu,
aged about 75 years, d/o (late) Ibomcha Singh & w/o
Nongmaithem Ingoba Singh of Tera Sapam Leirak, P.O.
- Imphal, P.S. - Lamphel, District - Imphal West,
Manipur - 795001.
4. Akangjam alias Kangjam (Ongbi) Indrani Devi, aged about
75 years, w/o (late) Biren Singh, Tera Loukarkpam Leikai,
P.O. - Imphal, P.S. - Lamphel, District - Imphal West,
Manipur - 795001.
CRP(C.R.P. Art.227) No. 69 of 2019 Page 1 of 7
5. Akangjam alias Kangjam (Ningol) Inaobi Devi, aged about 48
years, daughter of Ibomcha Singh of Tera Loukarkpam
Leikai, P.O. - Imphal, P.S. - Lamphel, District - Imphal West,
Manipur - 795001.
...Petitioners
- Versus -
1. Shri Akangjam Naran Singh, aged about 94 years, s/o (late)
Bokul Singh of Tera Loukarkpam Leikai, P.O. - Imphal, P.S.
- Lamphel, District - Imphal West, Manipur - 795001.
2. Smt. Akangjam Ibemhal Devi, aged about 72 years, d/o
Naran Singh of Tera Loukarkpam Leikai, P.O. - Imphal, P.S.
- Lamphel, District - Imphal West, Manipur - 795001.
3. Smt. Akangjam Bijayenti Devi, aged about 68 years, d/o
Naran Singh of Tera Loukarkpam Leikai, P.O. - Imphal, P.S.
- Lamphel, District - Imphal West, Manipur - 795001.
4. Akangjam Manileima Devi, aged about 63 years, d/o Naran
Singh, w/o (late) Mohendro Singh of Naoremthong Khullem
Leikai, P.O. Imphal - 795001.
5. Akangjam Medha Devi, aged about 58 years, d/o Naran
Singh of Tera Loukarkpam Leikai, P.O. - Imphal, P.S. -
Lamphel, District - Imphal West, Manipur - 795001.
6. Akangjam Tarkeshwari Devi, aged about 52 years, d/o Naran
Singh of Tera Loukarkpam Leikai, P.O. - Imphal, P.S. -
Lamphel, District - Imphal West, Manipur - 795001.
7. Akangjam Homen Singh, aged about 48 years, s/o Naran
Singh of Tera Loukarkpam Leikai, P.O. - Imphal, P.S. -
Lamphel, District - Imphal West, Manipur - 795001.
8. Kangjam Kumar Singh, aged about 73 years, s/o Ibomcha
Singh, on his death on 12/01/2008 represented by his legal
representatives/heirs:-
i. Kangjam (Ongbi) Chandrasakhi Devi, aged about 71
years, w/o (late) Kumar Singh of Tera Loukarkpam
Leikai, P.O. - Imphal, P.S. - Lamphel, District - Imphal
West, Manipur - 795001.
ii. Km. Kangjam Bank Chanu, aged about 43 years, d/o
(late) Kumar Singh of Tera Loukarkpam Leikai, P.O. -
Imphal, P.S. - Lamphel, District - Imphal West, Manipur
- 795001.
iii. Km. Kangjam Bumpy Chanu, aged about 37 years, d/o
(late) Kumar Singh of Tera Loukarkpam Leikai, P.O. -
Imphal, P.S. - Lamphel, District - Imphal West, Manipur
- 795001.
CRP(C.R.P. Art.227) No. 69 of 2019 Page 2 of 7
iv. Kangjam (Ningol) Arambam (Ongbi) Tamphasana
Chanu, aged about 51 years, d/o (late) Kumar Singh
and w/o Arambam Umakanta Singh of Singjamei
Naorem Leikai, P.O. & P.S. - Singjamei, District -
Imphal West, Manipur - 795003.
v. Kangjam (Ningol) Pebam (Ongbi) Manisana Chanu,
aged about 48 years, d/o (late) Kumar Singh and w/o
Pebam Rajanikanta Singh of Tabungkhok Mayai Leikai,
P.O. - Langjing, P.S. - Patsoi, District - Imphal West,
Manipur - 795004.
9. Shri Akangjam Ibohal Singh, aged about 82 years, s/o Shri
Akangjam Naran Singh, Tera Loukarkpam Leikai, P.O. -
Imphal, P.S. - Lamphel, District - Imphal West, Manipur -
795001.
[As per the Hon'ble Court Order dated 05.05.2022, Shri Akangjam
Ibohal Singh has been impleaded as respondent No. 9]
...Respondents
B EF O R E
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
For the petitioners : Mr. N. Ibotombi, Sr. Advocate
For the respondents : Mr. R.K. Milan, Advocate;
Mr. Winner S., Advocate
Date of hearing : 13-10-2022
Date of Judgment : 17-10-2022
JUDGMENT & ORDER
[1] Plaintiffs No. 2,3, 4(i), 4(ii), 4(iii), 4(iv), 5 and 6 in O.S. No. 9 of
2003 on the file of the learned Civil Judge (Junior Division), Imphal West-II,
are the petitioners in this revision filed under Article 227 of the Constitution.
They are aggrieved by the dismissal of their application in Judl. Misc. Case
No. 82 of 2018 (Ref: O.S. No. 9 of 2003), filed for producing additional
documents and for recalling a witness on their behalf to adduce the same in
evidence.
[2] Order dated 11-12-2019 was passed in this revision, suspending
further proceedings in O.S. No. 9 of 2003 before the learned Civil Judge
(Junior Division), Imphal West - II. The order is still in operation.
[3] Heard Mr. N. Ibotombi, learned senior counsel, appearing for the
petitioners; Mr. R.K. Milan, learned counsel, appearing for respondents
No. 1 to 7 & 9; and Mr. Winner S., learned counsel, representing
Mr. S. Jasobanta, learned counsel for the LRs of respondent No. 8.
[4] O.S. No. 9 of 2003 was filed by the petitioners herein and another
for a permanent injunction; demarcation; eviction, etc. The plaintiffs'
evidence in the suit was originally fixed on 26-09-2005 but it commenced
only on 25-11-2010 and concluded on 18-10-2011. The defendants'
evidence was then closed on 19-06-2017. The case was fixed for final
arguments, but the Trial Court had earlier passed order dated 10-03-2017
in Judl. Misc. Case No. 129 of 2015 permitting recall of the newly impleaded
defendant No. 1A in the suit for examination as he had filed a written
statement and documents, after deposing as DW2 on behalf of defendants
No. 1 to 7. Further, by a separate order dated 10-03-2017 passed in Judl.
Misc. Case No. 90 of 2016, the Trial Court permitted the plaintiffs to produce
documents which were not in their possession at the time of filing of the suit,
as they came into existence thereafter. The plaintiffs thereupon filed Judl.
Misc. Case No. 139 of 2017 under Order XVIII Rule 17 CPC seeking recall
of a witness on their behalf to exhibit these additional documents. By order
dated 13-07-2018, the Trial Court allowed the miscellaneous case and
permitted recall of a witness on behalf of the plaintiffs only for the limited
purpose of exhibiting the documents which were permitted to be produced,
vide order dated 10-03-2017 passed in Judl. Misc. Case No. 90 of 2016.
[5] Judl. Misc. Case No. 82 of 2018 was then filed by the plaintiffs in
the suit seeking to produce some more documents, viz., (i) Dag Chitha of
the suit land, and (ii) Jamabandi of the suit land - certified true copies in
Photostat/xerox of the Original Survey Record, 1959, Directorate of
Settlement & Land Records, Manipur. This miscellaneous case was filed in
August, 2018. The plea of the plaintiffs therein was that these documents
were not in their custodial possession at the time of filing of the suit and the
copies were recently issued by the officials of the Directorate of Settlement
& Land Records, Manipur. The defendants contested the miscellaneous
case on the ground that the case was at the stage of final hearing and the
documents, being old public documents, could have been obtained at the
time of filing of the suit itself. Upon consideration of the matter, the Trial
Court agreed with the stand of the defendants that the plaintiffs could have
filed these documents within time. The Trial Court opined that the plaintiffs
had failed to show good and sufficient cause as to why these documents
could not be filed earlier and disallowed their miscellaneous case.
[6] Mr. N. Ibotombi, learned senior counsel, would point out that the
plaintiffs' witness who had been recalled for the purpose of adducing in
evidence the additional documents that were already permitted to be
produced, was yet to be examined and, therefore, the Trial Court ought not
to have disallowed the fresh miscellaneous case filed by the plaintiffs for
placing on record some more documents.
[7] Per contra, Mr. R.K. Milan, learned counsel, would assert that the
plaintiffs had already filed certified copies of two Jamabandis and there was
no reason as to why they could not have obtained the old public documents,
which were sought to be introduced belatedly, before the filing of the suit.
He would place reliance on the decision of the Rajasthan High Court in Smt.
Monika vs. Surendra Bhansali and others [Civil Writ (CW) No. 5000 of
2008 dated 02-09-2016].
[8] Perusal of the judgment cited by the learned counsel reflects that
the Rajasthan High Court took note of the settled legal position that, though
rules of procedure are handmaidens of justice, the provision requiring
documents being filed at the time of filing of the plaint was incorporated to
avoid unnecessary delay in adjudication and for expeditious disposal of the
lis. The Rajasthan High Court therefore opined that a plaintiff who wants to
produce documents at a later stage, by invoking the provisions of Order VII
Rule 14 (3) CPC, must satisfy the Court that the documents sought to be
produced could not be produced at the appropriate stage due to a valid
reason. On facts, the Rajasthan High Court found that some of the
documents sought to be produced belatedly were in existence even at the
time of filing of the suit while some came into existence before framing of
issues. As no valid explanation was forthcoming as to why these documents
were not produced at the appropriate stage before recording of the
evidence, the Rajasthan High Court affirmed the decision of the Trial Court
not to permit late production of such documents.
[9] In the case on hand, it may be noted that the suit is of the year
2003 and though the matter was fixed for final arguments as long back as in
the year 2017, the same is being delayed for one reason or the other. Merely
because a newly impleaded defendant was recalled and certain documents
which were not in existence at the time of filing of the suit were permitted to
be produced by the plaintiffs, the plaintiffs cannot claim any vested right to
produce more additional documents. All the more so, when such documents
were very much in existence at the time of filing of the suit and could have
been obtained with due diligence at that time. When the plaintiffs could
secure two Jamabandies and file the same along with the suit, there is no
reason why they could not have applied for the old public documents which
are now sought to be produced belatedly.
[10] This Court therefore holds that the Trial Court judiciously
exercised its discretion under Order XIV Rule 3 CPC and disallowed the plea
of the petitioners/plaintiffs to permit belated production of some more public
documents. No cause is therefore made out for interference with the
well-reasoned order passed by the Trial Court.
[11] The civil revision petition is devoid of merit and is accordingly
dismissed. Interim order dated 11-12-2019 shall stand vacated.
[12] In the circumstances, there shall be no order as to costs.
CHIEF JUSTICE
FR/NFR
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2022.10.17
VICTORIA 15:16:33 +05'30'
