Manipur High Court
Rk. Duanpat & 10 Ors vs Tamenglong Baptist Church Township & 2 … on 2 July, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 11-13
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP(CRP Art. 227) No. 32 of 2025 with
MC(CRP(CRP Art. 227) No. 46 of 2025 with
MC(CRP(CRP Art. 227) No. 47 of 2025
RK. Duanpat & 10 Ors.
.....Petitioner/s
- Versus -
Tamenglong Baptist Church Township & 2 Ors.
.... Respondent/s
BEFORE
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
02.07.2025
[1] Heard Mr. Serto T Kom, learned counsel appearing
along with Mr. Karung H Kom, learned counsel for the petitioners.
[2] Issue notice to the respondents. [3] Petitioners are directed to take step to the respondents
by speed post within one week and file affidavit of proof of service.
[4] Mr. Serto T Kom, learned counsel for the petitioners,
prays for stay of the impugned order dated 07.03.2025 passed by the
Ld. District Judge, Tamenglong in Civil Misc. Appeal Case No. 3 of
2024 and stay of the proceeding of the O.S. No. 4 of 2019 pending
before the Ld. Civil Judge Junior Division, Tamengong.
[5] It is stated that the petitioner as plaintiff filed O.S. No. 4 of
2019 before the Ld. Civil Judge Junior Division, Tamenglong and the
defendant in the suit filed an application being Judl. Misc. Case No. 27
of 2022 for condoning delay in filing written statement. The same was
dismissed vide order dated 06.03.2024 by the Ld. Civil Judge Junior
Division. The petitioner as a defendant could not even mentioned the
number of days to be condoned. Thereafter the defendant/respondent
filed an appeal being Civil Misc. Appeal Case No. 3 of 2024 before the
Ld. District Judge, Tamenglong under Order XLIII Rule 1(I) of the
C.P.C.
[6] By the impugned order, the Ld. District Judge,
Tamenglong set aside the order dated 06.03.2024 passed by the Ld.
Civil Judge Junior Division, Tamenglong and permitted the defendant
to file written statement.
[7] Being aggrieved by the impugned order, the petitioners
approached this Court mainly on the ground that against the order
rejecting condonation of delay in filling written statement, first appeal
under Order XLIII Rule 1 is not maintainable as nothing is provided
under Clause A to W of order XLIII Rule 1.
[8] On merit, it is also stated that the Ld. District Judge,
Tamenglong has cited the provisions of Rule 9 and 10 of C.P.C. by
setting aside the order passed by the Ld. Civil Judge Junior Division,
Tamenglong.
[9] It is submitted that the District Judge entertained the
appeal without any jurisdiction and the same is not sustainable in law.
[10] Accordingly, it is prayed that the impugned order be set
aside as well as the proceeding of O.S. No. 4 of 2019 pending before
the Civil Judge Junior Division, Tamenglong.
[11] This Court has considered the materials on record.
[12] On perusal of the provisions of Order XLIII Rule 1, appeal
against the order rejecting the application for condonation of delay in
filing written statement is not included in the statute and prima facie Ld.
District Judge, Tamenglong has entertained an appeal without any
jurisdiction.
[13] In the circumstances, the impugned order dated
07.03.2025 passed by the Ld. District Judge, Tamenglong in Civil Misc.
Appeal Case No. 3 of 2024 as well as the proceeding of O.S. No. 4 of
2019 pending before the Ld. Civil Judge Junior Division, Tamenglong
are stayed till the next date.
[14] List this case before the roster bench on 01.08.2025.
[15] Furnish a copy of this order to the learned counsel
appearing for the parties in the course of the day through whatsapp.
JUDGE
Kh. Joshua Maring
KH. Digitally signed
by KH. JOSHUA
JOSHUA MARING
Date: 2025.07.02
MARING 13:25:00 +05'30'