SINAM MANI SINGH Vs. YUMLEMBAM ROMESH SINGH

JUDGEMENT

(1.) Heard Mr. H. Nabachandra, learned counsel appearing for the petitioner and Mr. Y. Johnson, learned counsel appearing for the respondent.

(2.) This civil revision petition is filed challenging the order dated 27.04.2018 passed by the Civil Judge Sr. Division, Thoubal on Judicial Misc. Case No. 18 of 2018. The petitioner before this Court is the defendant and the suit is filed for declaration and injunction. The suit is O.S No. 19 of 2017.

(3.) For grant of an interim injunction, a judicial miscellaneous case being Judicial Misc. Case No. 168 of 2017 was filed and status-quo order was passed on 27.06.2017. Thereafter, the case was listed on 27.10.2017, on which date, the suit was dismissed on default and it was on the part of the plaintiff because the plaintiff did not appear when the case is called out. On that day, Judl. Misc. Case No. 238 of 2017 was filed by the defendant seeking relief to file recast statement and that was also dismissed on default on the ground that the main suit was dismissed on default. However, the petitioner/defendant appeared through counsel and none for the opposite parties/plaintiff appeared. The order reads as follows: "Order 27.10.2017 Present : - Petitioner/defendant by Counsel. None for the O.P/Plaintiff appears. As such, this case is dismissed on default as the main suit is dismissed on default."