Manipur High CourtShri Chaoba Kamei vs Shri Poubi R. Naga on 19 July, 2022Author:Sanjay KumarBench:Sanjay KumarItem No. 3\n\n                    IN THE HIGH COURT OF MANIPUR\n                              AT IMPHAL\n\n                    CRP(C.R.P.Art.227) No. 36 of 2019\n\n      1. Shri Chaoba Kamei, aged about 61 years, S/O (L)\n         Gaikulung Kamei of Maha Kabui (Namching) Village, P.S.\n         Patsoi, P.O. Langjing, Kangpokpi District, Manipur -\n         795129.\n      2. Rajanglung Gangmei, aged about 76 years, S/O (L) Aton\n         Gangmei, Khunpu of Maha Kabui (Namching) Village, P.S.\n         Patsoi, P.O. Langjing, Kangpokpi District, Manipur -\n         795129.\n      3. Poupoklung Kamei, aged about 57 years, S/O (L)\n         Gaikulung Kamei of Maha Kabui (Namching) Village, P.S.\n         Patsoi, P.O. Langjing, Kangpokpi District, Manipur -\n         795129.\n      4. Lantan Gangmei, aged about 74 years, S/O (L) Aton\n         Gangmei of Maha Kabui (Namching) Village, P.S. Patsoi,\n         P.O. Langjing, Kangpokpi District, Manipur - 795129.\n                                                         ...Petitioners\n                                     - Versus -\n      1. Shri Poubi R. Naga, aged about 63 years, S/O (L) Alemba\n         Kabui of Maha Kabui (Namching) Village, P.S. Patsoi, P.O.\n         Langjing, Kangpokpi District, Manipur - 795129.\n      2. Shri Mangal R. Naga, aged about 55 years, S/O (L)\n         Alemba Kabui of Maha Kabui (Namching) Village, P.S.\n         Patsoi, P.O. Langjing, Kangpokpi District, Manipur -\n         795129.\n                                                     ...Respondents\n\n                         B EF O R E\n         HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR\n\n        For the petitioners            :    Mr. T. Rajendra, Advocate\n        For the respondents            :    Mr. N. Ibotombi, Sr. Advocate,\n                                            for R-1;\n                                            Mr. D. Julius Riamei, Advocate,\n                                            for R-2\n        Date of order                  :    19-07-2022\n\nCRP(C.R.P.Art.227) No. 36 of 2019                                Page 1 of 3\n                                      ORDER[1]       Judl. Misc. Case No. 10 of 2017 was filed in Original (Probate) Suit\n\nNo. 1 of 2012/3 of 2012 by the petitioners herein to revoke the Probate Order\n\ndated 19-07-2012 passed in the said suit as well as the Probate Certificate\n\ndated 19-07-2012 issued by the learned Addl. District Judge, Manipur West.\n\nRespondent No. 1, herein being respondent No. 1, in the said miscellaneous\n\ncase, filed his written objections thereto on 02-07-2018. In response, the\n\npetitioners filed Judl. Misc. Case No. 23 of 2018 seeking leave to file a\n\nreplication to the written objections. The same was allowed by the learned\n\nDistrict Judge and the replication dated 25-10-2018 filed by the petitioners\n\nwas taken on record. Thereupon, respondent No. 1 filed rejoinder/additional\n\nwritten objections dated 30-01-2019 to the replication of the petitioners. As\n\nno leave/permission was sought from the Court by respondent No. 1 to do\n\nso, the petitioners filed Judl. Misc. Case No. 14 of 2019 (Ref: Judl. Misc.\n\nCase No. 10 of 2018) praying that the said rejoinder/additional written\n\nobjections dated 30-01-2019 filed by respondent No. 1 be rejected.\n\nHowever, by order dated 21-05-2019, the learned District Judge, Senapati,\n\ndisposed of the miscellaneous case holding that the case was at the initial\n\nstage as issues were not yet framed and, therefore, no prejudice was\n\ncaused to the petitioners by consideration of the subsequent pleadings filed\n\nby respondent No. 1. The prayer of the petitioners was accordingly turned\n\ndown. Aggrieved thereby, the petitioners are before this Court.\n\n\n[2]       No interim order was granted in this revision. While so, this Court\n\nis now informed that Judl. Misc. Case No. 10 of 2018 filed by the petitioners\n\nwas dismissed by the learned District Judge, Senapati, on 24-05-2021 and\n\naggrieved thereby, the petitioners filed FAO No. 1 of 2021 before this Court.CRP(C.R.P. Art.227) No. 36 of 2019                                 Page 2 of 3The said appeal is stated to be pending. Mr. N. Ibotombi, learned senior\n\n counsel, appearing for respondent No. 1, would assert that in the light of this\n\n development, this revision is rendered infructuous.[3]         Mr. T. Rajendra, learned counsel for the petitioners, would\n\n however contend that the challenge to the filing of a rejoinder to the\n\n replication, without obtaining leave, would still survive for consideration. This\n\n Court finds merits in the said submission. However, it would not be\n\n necessary to keep this revision pending for that purpose as an appeal has\n\n already been filed by the petitioners against the rejection of their revocation\n\n application in Judl. Misc. Case No. 10 of 2018. It would be open to them to\n\n raise therein all such primary and incidental grounds as may be available to\n\n them in law. Consideration of the contents of the rejoinder filed by\n\n respondent No. 1 to the petitioners' replication, without seeking leave, would\n\n be one of the grounds available to them for being raised in the appeal, if not\n\n already raised. As this Court does not propose to go into that issue in this\n\n revision, it is left open to the petitioners to raise that ground also in the\n\n pending FAO No. 1 of 2021, by way of an appropriate application, if not\n\n already raised.With this liberty, the civil revision petition is disposed of.\n\n\n             In the circumstances, there shall be no order as to costs.CHIEF JUSTICE\n\n Victoria\n\n\n\nNINGOM Digitally  signed\n         by NINGOMBAM\nBAM      VICTORIA\n         Date: 2022.07.19\nVICTORIA 16:11:39 +05'30'CRP(C.R.P. Art.227) No. 36 of 2019                                       Page 3 of 3