Manipur High Court
Thongam Ibochou Singh vs Chirom Babumacha Singh on 18 August, 2025
Digitally signed by
KABORAMBA KABORAMBAM
M SANDEEP SANDEEP SINGH
Date: 2025.08.20
SINGH 01:16:16 -07'00' Sl. No. 5 & 6
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP (C.R.P. Art. 227) No. 12 of 2025
Thongam Ibochou Singh
Petitioner
Vs.
Chirom Babumacha Singh
Respondent
Clubbed with
MC [CRP (C.R.P. Art. 227)] No. 15 of 2025
BEFORE
HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
(ORDER)
18.08.2025
Learned counsel for the petitioner, Mr. RK Tomma and
learned counsel for the respondent, Mr. RK Birla are present before the
Court physically.
Learned counsel for the petitioner in this matter referred to
the provision of Section 151 CPC and inclusive of Order 39 Rule 4 of CPC.
Whereas in this proceeding, the petitioner is challenging the order dated
26.06.2024 passed by the Court of Civil Judge Senior Division, Imphal
West, Manipur in Judl. Misc. Case No. 131 of 2023 [Ref: (i) Judl. Misc. Case
No. 456 of 2019 and (ii) O.S. No. 55 of 2019].
Whereas the learned counsel for the respondent in this
matter submits that the application that has been filed under Section 151
CPC can also be filed for seeking some intervention.
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However keeping in view the submission made by the
learned counsel for the petitioner, it is deemed appropriate that the counsel
for the petitioner be directed to clarify the position relation to Order 39
Rule 4 of CPC inclusive of Section 151 CPC.
However, Section 151 of CPC relates to saving of inherent
powers of Court. Nothing in this code shall be deemed to limit to exercise
the inherent power, either effecting or affecting any orders under this
code, that is the first limb of the said provision of law, the second limb of
the said provision of law is relating to preventing the abuse of process of
law, whereas the aforesaid provision of law is indicating as to secure the
ends of justice are applicable to both the parties in the proceeding.
Whereas the provision of Order 39 Rule 4 of CPC is available
for seeking for intervention of the orders, if any, has been passed if there
is no provision available in the Code of Civil Procedure and then only to
make it use the provision of Section 151 of CPC to exercise the inherent
powers. This submission which is made by the learned counsel for the
petitioner in this matter is taken on record.
Therefore, learned counsel for the respondent in this matter
be directed to clarify the status in respect of Order 39 Rule 4 CPC inclusive
of Section 151 CPC to persuade the matter in accordance with law.
Accordingly made an observation.
Hence, these matters would be listed on 10.09.2025.
CHIEF JUSTICE
Sandeep
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