MAYENGBAM SHYAMANAND Vs. ALEMLA IMTI LONGKUMAR

JUDGEMENT

(1.) The petitioner in this Civil Revision Petition filed under Sec. 115 CPC is the plaintiff in Original (Money) Suit No.252 of 2016 on the file of the learned Civil Judge (Senior Division), Imphal West. The said suit was filed by him against his estranged wife under Order 37 CPC for recovery of a sum of Rs.40.00 lakh on the strength of a promissory note. By judgment and order dtd. 5/12/2016, the Trial Court decreed the said suit and ordered that the Branch Manager, Vijaya Bank, Dimapur Branch, shall have liberty to release the wife's deposited amount of Rs.40.00 lakhs in favour of the plaintiff. Judicial Miscellaneous Case No.219 of 2016 was thereupon filed by the wife under Order IX Rule 13 CPC read with Order XXXVII Rule 4 CPC and Sec. 151 CPC to set aside the judgment and decree dtd. 5/12/2016. By order dtd. 1/10/2018, the Trial Court allowed the said miscellaneous case; set aside the judgment and decree dtd. 5/12/2016 and granted her leave to defend. Aggrieved thereby, the husband filed this revision.

(2.) Heard Mr. R.K.Milan, learned counsel, for the petitioner; and Mr. I.Sandeep, learned counsel, appearing for the respondent.

(3.) Parties shall hereinafter be referred to as 'the husband' and 'the wife' respectively.