ATHOKPAM MANGI SINGH Vs. ATHOKPAM NINGOL

JUDGEMENT

(1.) The present revision petition has been filed with the prayer for quashing and setting aside the order dtd. 12/4/2023 passed by the Civil Judge, Junior Division, Imphal West - II in Judl. Misc. Case No. 59 of 2023 (Ref:- O.S. No. 19 of 2012) coupled with the prayer for directing the Civil Judge, Junior Division, Imphal West - II to proceed with the trial of the suit after allowing the amendment of the written statement filed by the petitioner in connection with the said original suit.

(2.) The respondents No. 1 and 2, during their lifetime, filed the aforesaid O.S. No. 19 of 2012 in the Court of Civil Judge, Junior Division, Imphal West against the present petitioner claiming the following reliefs:-

(3.) The petitioner, as the sole defendant, filed his written statement dtd. 30/1/2013 and as per record, the petitioner also filed a recast of his written statement on 24/6/2015 thereby indicating that the petitioner amended his original written statement filed on 30/1/2013. The said written statement is an elaborate and detailed one and the main defence taken by the petitioner in his written statement is that he purchased the suit land from the legal heirs of the original owner of the suit land including the present respondents No. 1 and 2 under an oral agreement and that he has been living on the suit land along with his family members by constructing his dwelling house and out house inside the suit land without any interruption from any quarter.