SENJAM DINAMANI SINGH Vs. NANDEIBAM BABU SINGH

JUDGEMENT

(1.) THIS is a civil revision petition filed by the defendant under Article 227 of the Constitution of India read with section 115 of C.P. Code against the order dt 05.04.2013 passed by District Judge, Manipur East in Judl Misc. Case No.10 of 2013/MA 14/2011 which in turn arise out of judgment /decree dt 5.11.2009 passed in OS No.23 of 2009 by Civil Judge, Senior Division No.II, Manipur East.

(2.) BY impugned order, the first appellate court allowed the amendment application filed by the plaintiff (appellant) under order 6 Rule 17 of the Code in his appeal and in consequence remanded the Civil Suit to the trial court.

(3.) FACTS of the case are these: - The petitioner herein is the defendant whereas the respondent is the plaintiff in the civil suit out of which this petition arises. The respondent (plaintiff) filed a civil suit being C.S.No 23 of 2009 against the petitioner (defendant) out of which this petition arise for grant of permanent injunction restraining the defendant from interfering in plaintiff's possession and enjoyment over the suit land ( suit ­way ). The plaintiff also prayed for grant of mandatory injunction directing the defendant to remove what is called "Chati Fencing", filths and dirt on the suit way.