NINGTHOUJAM MANGI Vs. SANASAM BIRA SINGH

JUDGEMENT

(1.) Heard Shri A. Mohendro, learned Advocate appearing for the applicant/petitioner and Shri B.R. Sharma, learned counsel appearing for the respondent No.1.

(2.) This is an application filed by the applicant/ petitioner under order VIII Rule 9 CPC read with Section 87(1) of the RP Act, 1951 praying for grant of leave to file the subsequent pleading / rejoinder/ replication in answering to new facts as stated in written statement of the respondent No.1 on the ground that there were certain facts and allegations made by the respondent No.1 in his written statement. According to the applicant/ petitioner, unless the leave is granted by this court, the applicant/ petitioner will suffer injury, while no injury will be caused to the respondent No.1 by granting it. But it is nowhere stated in the application as to what are those new facts alleged to have been stated in the written statement.

(3.) A written objection to the said application, has been filed by the respondent No.1, the relevant paragraph of which reads as: