THE MANIPUR FILM DEVELOPMENT CORPN. (A GOVT. OF MANIPUR UNDERTAKING) Vs. MAHARAJKUMAR SHARATCHANDRA SINGH AND ORS.

JUDGEMENT

(1.) THE order dated 15.12.2008 passed by the learned Civil Judge, Sr. Division -II Manipur East in Judl. Misc. Case No. 67 of 2008 arising out of OS No. 12 of 2006 is the subject matter of challenge in this Revision.

(2.) THE case of the plaintiff -respondents, in brief, is that they are the owners in possession of the homestead land described in Schedule 'A', Schedule 'B' and Schedule 'C' of the plaint having inherited the same from their ancestors late Maharaj Bhodhchandra Singh. It is alleged by the plaintiff respondents that defendant No. 1, petitioner before this Court, attempted to trespass into the suit land on 30.6.2006. The defendant No. 1 petitioner is in possession of the land on the eastern boundary of the suit land. He along with defendant No. 2 and some other persons again entered into the suit land on 20.9.2006 and asked the plaintiffs and their people to leave the suit land so that they could construct certain structure thereon. Such conduct of the defendants was protested by the plaintiffs and their agents as a result of which the defendants and their agents left the land but threatened the plaintiff respondents to dispossess them. Therefore, the suit was filed to permanently injunct the defendant petitioner from entering upon the suit land.

(3.) SINCE the State of Manipur was not a party in the suit, the defendant No. 1 petitioner filed an application under Order 1 Rule 10 read with Sect. 151 of the CPC for a direction to the plaintiffs to implead the State of Manipur as a defendant. The said application having been rejected in the impugned order, this Revision has been filed.