CRP(C.R.P.Art.227) No.6 of 2023

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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

CRP(C.R.P.Art.227) No.6 of 2023

Lungningam Gangmei, now aged about 55 years, by occupation business,

S/o Poushonglung Gangmei, resident of Thengjang Village, P.O. & P.S.

Loktak Project, District – Churachandpur, Manipur – 795124.

……. Petitioner/s

– Versus –

Shougrakpam Purnima Singh, by occupation Govt. employee, S/o late Sh.

Tomba Singh, resident of Bishnupur Makha Leikai, Ward No.6, P.O. & P.S.

Bishnupur, District – Bishnupur, Manipur.

On his death on 20-12-2019, represented by his Legal Representatives,

namely :-

1.

Shougrakpam Ongbi Abemma Devi, aged about 57 years, W/o late

Shougrakpam Purnima Singh, resident of Bishnupur Makha Leikai, Ward

No.6, P.O. & P.S. Bishnupur, District – Bishnupur, Manipur – 795126.

2.

Shougrakpam Lomit Singh, aged about 28 years, S/o late Shougrakpam

Purnima Singh, resident of Bishnupur Makha Leikai, Ward No.6, P.O. & P.S.

Bishnupur, District – Bishnupur, Manipur – 795126.

LAIRENMAYU

M INDRAJEET

SINGH

Digitally signed by

LAIRENMAYUM

INDRAJEET SINGH

Date: 2023.06.15

13:21:35 +05'30'

CRP(C.R.P.Art.227) No.6 of 2023

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3.

Shougrakpam Dhakeshwor Singh, aged about 23 years, S/o late

Shougrakpam Purnima Singh, resident of Bishnupur Makha Leikai, Ward

No.6, P.O. & P.S. Bishnupur, District – Bishnupur, Manipur – 795126.

…. Respondent/s

BEFORE

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the Petitioner/s

: Mr. S. Sachindra, Advocate

Mr. K. Kopham, Advocate

For the Respondent/s

: Mr. RK Milan, Advocate

Date of Hearing

:

18.04.2023

Date of Judgment & Order :

13.06.2023.

JUDGMENT & ORDER

(CAV)

[1]

The question of law involved in the present petition is whether legal

heirs of a deceased defendant, who are brought on record at the stage of the

hearing of the suit, be permitted to file additional written statement within the

meaning of Order 22 Rule 4(2) of CPC in addition to the written statement already

filed by the deceased defendant.

[2]

By way of the present Revision Petition under Article 227 of the

Constitution of India, the petitioner/plaintiff has approached this Court challenging

the correctness of the impugned order dated 13.12.2022 passed by the Ld. Civil

CRP(C.R.P.Art.227) No.6 of 2023

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Judge, Sr. Division, Bishnupur in Judl. Misc. Case No.272 of 2022 [Ref:- Original

(Money) Suit No.2 of 2014]. By the impugned order, the trial Court allowed the

application of the newly impleaded legal heirs of the deceased sole defendant to file

additional written statement even at the stage of hearing.

[3]

The brief fact of the present case is that the petitioner/plaintiff,

Lungningam Gangmei filed Original (Money) Suit No.2 of 2014 under Order XXXVII

of CPC in the Court of the Civil Judge, Senior Division, Bishnupur against the

original sole defendant, late Shougrakpam Purnima Singh (husband of respondent

No.1 and father of respondent Nos.2 and 3 herein) for recovering a sum of

Rs.20,40,000/- (Rupees twenty lakh and forty thousand) from the defendant with

interest @ 6% per annum on the decretal amount from the date of decree till

realization of the decretal amount.

[3.1]

On 01.11.2013, the defendant approached the petitioner/plaintiff and

requested for a loan of Rs.15,00,000/- (Rupees fifteen lakhs) as he was in urgent

need of the same to invest in his Amway Business and would repay the loan with

interest @ 4% per month on or before 31.07.2014 without fail. Being a friend, the

petitioner/plaintiff paid the sum of Rs.15,00,000/- (Rupees fifteen lakhs) to the

defendant on 01.11.2013. The defendant executed a money receipt dated

01.11.2013 (Annexure-A/1) in favour of the petitioner/plaintiff in presence of

witnesses. On 22.01.2014, the defendant also executed a promissory note

(Annexure-A/2) for a sum of Rs.15,00,000/- (Rupees fifteen lakhs) in favour of the

plaintiff/petitioner to be