Tombisana High School vs State Of Manipur
2026 Latest Caselaw 2408 Mani

Manipur High Court

Tombisana High School vs State Of Manipur on 2 April, 2026

Author: A. Bimol Singh

Bench: A. Bimol Singh

KHOIROM Digitally
          KHOIROM
                   signed by

BIPINCHAN Date: 2026.04.03SINGH
          BIPINCHANDRA

DRA SINGH 13:59:28 +05'30'                                                                   Item No. 3 - 4
                                        IN THE HIGH COURT OF MANIPUR
                                                  AT IMPHAL

                                                   RFA No. 4 of 2017

                        Tombisana High School
                                                                                           ... Appellant
                                                         - Versus -
                        State of Manipur
                                                                                        ... Respondent

                                                        With
                                                MC(RFA) No. 20 of 2017


                                                BEFORE
                                  HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
                                    HON'BLE MR. JUSTICE A. BIMOL SINGH

                                                      O R D E R

[M. Sundar, CJ]

02.04.2026

[1] In the hearing today, Ms. Sarvodaya Lakshmi, learned

counsel for appellant and Mr. Lenin Hijam, learned Senior Advocate

and learned Advocate General of Manipur instructed by Ms. Thanyomi

Keishing, learned State counsel for respondent are before this Court.

[2] Read this in conjunction with and in continuation of

earlier proceedings made on 05.11.2025 and Para No. 8 of this

proceedings dated 05.11.2025 reads as follows:

'[8] The following points require clarity:

(i) what is the fate of the afore-referred rejection of plaint application?

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(ii) whether any issue regarding declaration as bad the

03.08.1978 order of the Education Department, Government of Manipur taking over the plaintiff High School has been framed? To be noted, this is prayer limb No. (ii) in the recast plaint, also to be noted, in the seven issues and two additional issues dated 07.05.2015 and 06.10.2015 respectively, we do not find any such issue.

(iii) Whether the Trial Court resorted to Order XIV Rule 2 Sub-Rule (2)(b) of CPC (Preliminary issue) at all?

(iv) No issues have been set out in the impugned judgment and decree much less, have issues been answered in conformity with Order XIV Rule 1 of CPC ?

(v) From the records we find that no documents have been exhibited (plaint documents/defendants' documents have not been marked as exhibits) and no oral evidence appears to have been let in as there is no deposition.'

Ms. Sarvodaya Lakshmi, learned counsel for appellant,

adverting to afore-referred Paragraph No. 8 of the proceedings dated

05.11.2025, made following responses:

(i) no order has been made in the rejection of plaint

application i.e., Judicial Misc. Case No. 363 (A) of

2014, in other words the same has not been taken

up and it appears to have perished with the suit on

15.05.2017 (though no specific order to this effect

has been made);

(ii) neither plaintiff filed draft issues in this regard nor

has the Court framed any issue in this regard;

(iii) Trial Court did not resort to Order XIV Rule 2 Sub-

Rule 2 (b) (preliminary issue) of CPC;

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(iv) no issues vide Order XIV Rule 1 of CPC have been

framed;

(v) there was no trial i.e. neither was any document

marked as exhibit nor was there any deposition.

[3] Ms. Sarvodaya Lakshmi, learned counsel for appellant is

ready to advance arguments but Ms. Thanyomi Keishing, learned

State counsel requested for time stating that she needs to get more

instructions for briefing learned Advocate General of Manipur.

[4] Afore-referred request of learned State counsel is

acceded to.

[5]           List a fortnight hence.

[6]           List on 16.04.2026.




                                 JUDGE            CHIEF JUSTICE
Bipin




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