THOKCHOM ONGBI GAYABATI DEVI Vs. KONTHOUJAM BEBUNGOU SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the very cryptic order dated 12. 6. 2008 passed by the learned Civil Judge (Jr. Divn.), Imphal in Judl. Misc. Case No. 72-A of 2008 (Ref. Original Suit No. 34 of 2007) for allowing the respondent/defendant No. 1 Shri Konthoujam Babungou Singh to file the written statement subject to cost of Rs. 300/ -. The impugned cryptic order dated 12. 6. 2008 is quoted hereunder :

(2.) MR . O. Kiranjit, learned counsel, appears for the petitioners/plaintiffs in Original Suit No. 34 of 2007. None appears for the respondent/defendant No. 2, Shri Thokchom Nilachandra Singh without showing any cause inspite proper service of notice of the Revision petition. Mr. Kh. Santa appears for the respondent/defendant No. 1, Mr. Konthoujam Babungou Singh.

(3.) ON perusal of the day to day order sheet of the Original Suit No. 34 of 2007, it appears that on 28. 11. 2007, the learned Civil Judge (Jr. Divn.) Imphal passed the order for proceeding the O. S. No. 34 of 2007 as ex-parte against the respondent/defendant No. 1, Shri Konthoujam Babungou Singh, and also even after effecting proper service of notice/summon to the respondent/defendant No. 1, he did not file his written statement in the O. S. No. 34 of 2007 within 30 days from the date of service of summon on him. After 141 days from the date of proceeding the O. S. No. 34 of 2007 as exparte, respondent/defendant No. 1 filed an application, which had been registered as Judl. Misc. Case No. 72 (A) of 2008, for allowing to file the written statement to the plain in O. S. No. 34 of 2007. A copy of the said application i. e. Judl. Misc. Case No. 72 (A) of 2008 filed by the respondent/defendant No. 1 is available at Annexure-A/14 to the present Revision petition and the same is quoted hereunder :