LONGJAM BIJOY SINGH Vs. SHRIMATI LONGJAM (O) THOIBI DEVI

JUDGEMENT

(1.) Original Suit No. 24 of 2006, renumbered as Original Suit No. 51 of 2011, on the file of the Ld. Civil Judge (Sr. Division) No.1, Manipur East, was filed on 6/11/2006. This suit was filed by Longjam Bijoy Singh, Longjam Ibohal Singh and Longjam Brojendro Singh against Keisham Irabot Singh and Lairikyengbam (N) Tourangbam (O) Babikarani @ Veda Devi, seeking declaration of their title in relation to the suit schedule homestead land; for cancellation of mutation; and for a permanent injunction restraining the defendants from dispossessing the plaintiffs or otherwise causing injury in relation to the suit schedule land. The suit schedule land is an extent of .0486 hectares in Patta No. 42/490(old)/767(new) in Dag No. 6039 situated at Keishamthong Elangbam Leikai, Imphal. The written statement was filed by the defendants in the suit on 16/2/2007. The temporary injunction application filed by the plaintiffs in Judl. Misc. Case No. 148 of 2008 was rejected by the Trial Court on 30/6/2008. Issues were framed by the Trial Court on 16/8/2008. Thereafter, no steps seem to have been taken for commencing the trial and the suit itself came to be dismissed on 30/6/2010 for non-prosecution. The restoration petition in Judl. Misc. Case No. 154 of 2010 filed on 29/7/2010 was allowed on payment of costs, vide order dtd. 3/3/2011. The suit was again dismissed for default on 8/11/2011 and was once again restored on 31/12/2011 on payment of costs.

(2.) While so, Longjam Bijoy Singh, the first plaintiff, died on 8/3/2012. His legal representatives, viz., his widow, 2 sons and 2 daughters, filed Judl. Misc. Case No. 73 of 2012 seeking to be brought on record. This application was filed on 20/4/2012. However, it was dismissed on 27/4/2012 for non-appearance. On the same day, the suit was again dismissed for default. Judl. Misc. Case No. 117 of 2012 was filed on 23/5/2012 for restoration of the suit. This application was dismissed for default on 17/1/2013. Judl. Misc. Case No. 30 of 2013 was filed on 19/1/2013 seeking restoration of Judl. Misc. Case No. 117 of 2012. As regards the dismissal of the LR application in Judl. Misc. Case No. 73 of 2012, applications in Judl. Misc. Case Nos. 479 and 480 of 2013 were filed by the widow and children of late Longjam Bijoy Singh only on 9/7/2013. By way of Judl. Misc. Case No. 479 of 2013, they sought condonation of the delay on their part in filing a restoration application. Significantly, the number of days delay was not mentioned in the application. Judl. Misc. Case No. 480 of 2013 was filed by them for restoration of the LR application in Judl. Misc. Case No. 73 of 2012.

(3.) On 13/6/2014, the Ld. Civil Judge (Senior Division) No. I, Manipur East, dismissed all three miscellaneous cases. The widow and children of late Longjam Bijoy Singh, the first plaintiff, filed CRP No. 40 of 2014 assailing the order dtd. 13/6/2014 passed in Judl. Misc. Case Nos.479 and 480 of 2013. Longjam Ibohal Singh and Longjam Brojendro Singh, the other two plaintiffs in the suit, filed CRP No. 48 of 2015 against the order dtd. 13/6/2014 passed in Judl. Misc. Case No. 30 of 2013.