Nongmaithem (N) Nabani Devi vs Nongthombam Khomei Singh
2023 Latest Caselaw 275 Mani

          Digitally signed by
                                                                                    Item No.39
JOHN      JOHN TELEN KOM

TELEN KOM Date: 2023.10.18
          07:45:40 +05'30'


                                             IN THE HIGH COURT OF MANIPUR
                                                       AT IMPHAL
                                                   RSA No.04 of 2018
                   Nongmaithem (N) Nabani Devi

                                                                                     ...Appellant
                                - Versus -

                   Nongthombam Khomei Singh
                                                                                  ...Respondent
                                               BEFORE
                           HON'BLE THE ACTING CHIEF JUSTICE M.V.MURALIDARAN
                                               ORDER

13.10.2023

[1] Heard Mr. M. Ibohal, learned counsel appearing for the

appellant.

[2] When this appeal was filed, the appellant has not formulated

the substantial question of law and the same was raised by this Court at

time of admission. Since the appellant has not raised the substantial

questions of law, this Court is not in a position to admit this second appeal

and the matter was adjourned.

[3] Therefore, the learned counsel for the appellant has filed

MC(RSA)No.09 of 2018 seeking the prayer to reframe substantial

questions of law in the appeal on behalf of the appellant.

[4] After taking notice, Mr. Henba, the learned counsel

appearing for the respondent agreed for allowing the MC(RSA)No.9 of 2018 on 16.09.2023. Hence, this misc. case was allowed by permitting the

appellant to file substantial question of law by filing amended memo of

grounds of appeal.

[5] Accordingly, Mr. M. Ibohal, learned counsel for the appellant

represented that he has filed rectified amendment memo of appeal on

27.09.2023 in which the appellant has formulated 3(three) substantial

questions of law.

[6] Considering the argument advance by Mr. M. Ibohal, learned

counsel appearing for the appellant, this Court is inclined to admit the

appeal for raising the following substantial questions of law:

(i) Whether both ld. Courts below have not erred in applying Section 16 of the Hindu Adoption and Maintenance Act, 1956 without properly and legally considering the documentary evidence produced by plaintiff-appellant to the effect that respondent no.3-herein is still retaining his original surname/yumnak and natural father's name?

(ii) Whether the original adoption deed dated 04.03.2004 Ext. B/4 being the ground of judgment dated 18.09.2015 passed by Ld. Civil Judge(Jr. Div.) Imphal East, Manipur(Annexure- A/3) is legally valid without the production of valid birth certificate of respondent No.3-herein.

(iii) Whether documents Exhibits produced by the Respondent No.3.-herin and relied on in the judgment dated 18.09.2015 passed by Ld. Civil Judge(Jr.Div.) Imphal East, Manipur(Annexure-A/3) are sustainable in law, as there are serious errors in the dates mentioned in Death Certificate of Thambal Devi dated 05/03/2005-Ext B/7?

 [7]           Therefore, admit.

[8]           Mr. Bikash Sharma, learned counsel representing Mr. Th.

Henba, learned counsel takes notice for the respondent.

[9] Registry is directed to call for the lower court records and prepare paper book.

[10]          Post this matter on 11.01.2024.




                                           ACTING CHIEF JUSTICE

       John Kom

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