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2016 Supreme(Manipur) 115

SONGKHUPCHUNG SERTO
Thangsabam Priyokumar @ Homiyo Singh – Appellant
Versus
Laimayum (N) Kongbrailatpam (O) Indira Devi W/o K. Anandakumar Sharma – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ch. Nikel, Advocate.
For the Respondent:Mr. H. Nabachandra, Advocate.

JUDGMENT & ORDER :

1. This is a revision petition filed by the defendants in the Original Suit No. 13 of 2008 pending before the learned Civil Judge (Sr. Divn.), Imphal East praying for setting aside the order dated 04.01.2016 of the learned Civil Judge passed therein, wherein further proceeding of the Original Suit was fixed for further PW hearing. The order of the learned Civil Judge is only 2 (two) sentences and are given here below:

“J.M. Case No. 308/15 is disposed of as not pressed. Fix 12.01.2016 for P.W. hearing.”

2. Heard Mr. Ch. Nikel, learned counsel appearing for the petitioners and Mr. H. Nabachandra, learned counsel appearing for the respondents.

It is submitted by learned counsel appearing for the petitioners that after recording evidence of 3 (three) PWs of the plaintiffs (respondents in this case), the learned Trial Court closed the PW hearing as prayed for by the learned counsel of the plaintiffs and fixed 25.10.2010 for final hearing/argument by an order dated 01.10.2010. However, on the application filed by the defendants, the learned Trial Court by an order dated 09.11.2010 passed in Judicial Misc. Case No. 162 of 2010 allowed defendants (respondents in this case)



















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