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2018 DIGILAW 45 (MAN)

Sinam Mani Singh v. Yumlembam Romesh Singh

2018-09-13

RAMALINGAM SUDHAKAR

body2018
ORDER : 1. Heard Mr. H. Nabachandra, learned counsel appearing for the petitioner and Mr. Y. Johnson, learned counsel appearing for the respondent. 2. This civil revision petition is filed challenging the order dated 27.04.2018 passed by the Civil Judge Sr. Division, Thoubal on Judicial Misc. Case No. 18 of 2018. The petitioner before this Court is the defendant and the suit is filed for declaration and injunction. The suit is O.S. No. 19 of 2017. 3. For grant of an interim injunction, a judicial miscellaneous case being Judicial Misc. Case No. 168 of 2017 was filed and status-quo order was passed on 27.06.2017. Thereafter, the case was listed on 27.10.2017, on which date, the suit was dismissed on default and it was on the part of the plaintiff because the plaintiff did not appear when the case is called out. On that day, Judl. Misc. Case No. 238 of 2017 was filed by the defendant seeking relief to file recast statement and that was also dismissed on default on the ground that the main suit was dismissed on default. However, the petitioner/defendant appeared through counsel and none for the opposite parties/plaintiff appeared. The order reads as follows: "Order 27.10.2017 Present:- Petitioner/defendant by Counsel. None for the O.P./Plaintiff appears. As such, this case is dismissed on default as the main suit is dismissed on default." 4. Thereafter, the plaintiff filed Judicial Misc. No. 263 of 2017 to set aside the order dated 27.10.2017 which was dismissed on default, and to restore the suit. This was taken up on 21.12.2017 and the following order was passed: "Order Date 21.12.2017 Present: Plaintiff by counsel. None for the defendant. Case is put up after the disposal of J.M. Case No. 263 of 2017 wherein the dismissal order dated 27.10.2017 is set aside and the suit is restored to file. Neither the defendant nor the Ld. Counsel appears when called out without showing any cause. Hence, case is proceeded ex-parte against the defendant. Put on 17.01.2018 for framing of pt. of determination. Sd/- Civil Judge (Sr. Divn.) Thoubal." 5. Hence, on 21.12.2017, while restoring the suit, the defendant was absent so the case was proceeded ex-parte. Thereafter, the case was directed to be listed on 17.01.2018 for framing of issues. 6. In the meanwhile, the defendant filed Judicial Misc. No. 16 of 2018 giving certain reasons for his absence on 21.12.2017. Sd/- Civil Judge (Sr. Divn.) Thoubal." 5. Hence, on 21.12.2017, while restoring the suit, the defendant was absent so the case was proceeded ex-parte. Thereafter, the case was directed to be listed on 17.01.2018 for framing of issues. 6. In the meanwhile, the defendant filed Judicial Misc. No. 16 of 2018 giving certain reasons for his absence on 21.12.2017. After considering the issue, the learned Judge was of the view that, on the first occasion when suit was dismissed, defendant was present. Subsequently, after restoration, the defendant and his counsel were absent forcing the Court to set the defendant ex-parte. 7. However, an application was filed on 16.01.2018 with sufficient cause, therefore, restored Judicial Misc. No. 238 of 2017, filed by the defendant which was dismissed on default was restored on 27.10.2017 was restored. Against this order, the present Revision Petition is filed. 8. The suit is of the year 2017. On several occasions, one of the parties was absent and the other was present, and they took turn in allowing the case to be dismissed on default or for ex-parte order, thereby they waste the Court's time unnecessarily. 9. This Court does not find any justification to interfere with the order passed by the Civil Judge Sr. Division (Thoubal), restoring all the petitions to file including the said Judl. Misc. Case No. 238 of 2017 so that the parties can work out the relief before the Civil Judge on merits. There is no reason for this Court to interfere with the order at this stage. There is no merit in the case. No other issue was raised or argued. 10. Petition stands dismissed.