Waikhom Nimaichand Singh vs Manoharmayum Geetchandra
2023 Latest Caselaw 85 Mani

                                                                                           5-6
                                    IN THE HIGH COURT OF MANIPUR
                                              AT IMPHAL


                   CRP (CRP Art 227) No.9 of 2023 with
                   MC (CRP Art 227) No.16 of 2023


                   Waikhom Nimaichand Singh                       ... Petitioner

                                                      -Versus-
                   Manoharmayum Geetchandra
                   Sharma & 2 Ors                                 ... Respondents

BEFORE HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA 21.02.2023

Heard Mr.N.Ibotombi, learned senior counsel assisted by Mr.A.Rommel, learned counsel on behalf of the petitioner.

In the present petition, the petitioner is challenging the impugned order dated 1.10.2022 passed by the learned Civil Judge (Jr.Divn) Imphal East in Judl.Misc Case No.182 of 2019 whereby the delay of 2351 days in filing the application for setting aside the ex-parte order.

It is also stated that the petitioner is the defendant in the O.S.No.5757 of 2006/5 of 2019 filed by the respondent in the Court of learned Civil Judge (Jr.Divn), Imphal East.

Since the petitioner and his family were staying at Bangalore, RAJKU at the relevant time, he was never served. On 9.5.2013 the defendant was MAR proceeded ex-parte and he came to know about the same on 18.03.2016. PRIYOJI He filed an application for review of the order dated 9.5.2013 with an T SINGH application for condonation of delay in filing the review petition. The delay Digitally signed was condoned on 2.9.2015. However, the application for review was rejected by RAJKUMAR PRIYOJIT SINGH vide order dated 5.2.2016 only on the ground that the matter is ready for Date: 2023.02.22 13:38:01 +05'30' hearing and is at the stage of judgment.

Being aggrieved with the order dated 2.5.2016, the petitioner approached this Court by way of CRP (CRP Art 227) No.34 of 2016 and vide order dated 19.07.2019, the petitioner was permitted to approach the

appropriate Court. Thereafter, the petitioner filed Judl.Misc Case No.183 of 2019 along with an application being Judl.Misc Case No.182 of 2019 for condoning the delay in filing the application for setting aside the ex-parte order dated 9.5.2013. Vide impugned order 1.10.2022 in Judl.Misc Case No.182 of 2019 the learned Civil Judge (Jr.Divn) Imphal East rejected the application for condonation of delay of 2531 days and being aggrieved by the said order, the petitioner approached this Court by way of the present petition under Article 227.

Issue notice to the respondents, returnable by 3.3.2013. Steps to be taken by Speed Post. Petitioner is to submit proof of filing through tracking from the Postal Department.

Mr.N.Ibotombi, learned senior counsel prays for stay of further proceedings of O.S.No.57 of 2006/5 of 2019 as the matter is at the stage of hearing and his counter claim has not been taken on record.

It is submitted that hearing is not concluded and in case hearing is concluded during the intervening period pronouncement of judgment may not be pronounced. Mr.Ibotombi, learned senior counsel submits that if his counter claim is not considered the true fact of the matter may not be ascertained.

Accordingly, the proceeding of the said O.S No.57 of 2006/ 5 of 2019 in the court of learned Civil Judge (Jr.Divn) Imphal East is stayed till the next date fixed.

List on 3.3.2023.

Furnish copy of this order to Mr.N.Ibotombi, learned senior counsel.

Send a copy of this order to the learned Civil Judge (Jr.Divn) Imphal East for information.

                                                             JUDGE

Priyojit


 RAJKUMAR         Digitally signed by
                  RAJKUMAR PRIYOJIT
 PRIYOJIT         SINGH
                  Date: 2023.02.22 13:38:32
 SINGH            +05'30'