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Yengkhom Surchandra Singh v. Mayanglambam Rameshwar Singh and 4 Others

Allowed
Court
High Court of Manipur
Decided
12 January 2023
Bench
Ahanthem Bimol Singhauthor
Case no.
MC(El.Pet.) 185/2022

Judgment

Item No. 39

El.Pet. No. 5 of 2022

Yengkhom Surchandra Singh

....Petitioner(s)

Mayanglambam Rameshwar Singh & 5 Ors

Heard Mr. N.Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel appearing for the petitioner, and Mr. Devendra Sharma, learned counsel assisted by Mr. N. Zequeson, learned counsel for the respondent No. 1. None appeared for the other respondents.

As prayed for by the learned counsel for the petitioner, list this case again on 24th January, 2023 for framing of issues.

In the meantime, learned counsel for the parties are directed to file their suggested issues on or before the next date without fail.

CHONGNUN KIM GANGTE Date: 2023.01.13 12:12:24 +05'30'

Item No. 40

El.Recr.Pet. No. 6 of 2022

Mayanglambam Rameshwar Singh ....Petitioner(s)

Yengkhom Surchandra Singh & 4 Ors

Heard Mr. Devendra Sharma, learned counsel assisted by Mr. N. Zequeson, learned counsel for the petitioner, Mr. N. Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel for the respondent No. 1. None appeared for the other respondents.

Learned counsel for the petitioner seeks ten days' time for filing replication to the written statement filed by the respondent No. 1.

As prayed for, list this case again on 24th January, 2023.

Item No. 42

MC(El.Pet.) No. 70 of 2022

Mayanglambam Rameshwar Singh ....Applicant(s)

Yengkhom Surchandra Singh & 4 Ors

On joint prayer made by the counsel for the parties, list this case again on 24th January, 2023 for consideration and disposal.

Item No. 41

MC(El.Pet.) No. 185 of 2022

Yengkhom Surchandra Singh

....Applicant(s)

Mayanglambam Rameshwar Singh & 4 Ors

Heard Mr. N. Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel for the applicant, Mr. Devendra Sharma, learned counsel assisted by Mr. N. Zequeson, learned counsel for the respondent No. 1. None appeared for the other respondents.

The present application has been filed seeking leave for allowing the applicant to file replication to the written statement filed by the respondent No. 1 in the connected election petition.

The respondent No. 1 vehemently objected to the present application on the ground that in the said replication, certain new ground has been introduced and certain documents which were not enclosed in the election petition were also enclosed.

On examination of the pleadings made in the replication as elaborately pointed by the respondent No. 1 and on examination of the pleadings made by the applicant in the election petition as well as written statement of the respondent No. 1, this Court is of the considered view that no new pleadings or grounds have been introduced in the replication and the applicant only elaborated the pleadings made in the election petition by way of reply to the statements made in the written statement.

As far as the second objection with regard to filing of certain documents is concerned, this Court is of the considered view that the issues can be decided later on at the time of filing the documents and evidences in support of the claims of the parties.

In view of the above, this Court cannot sustain the objection raised by the respondent No. 1 and accordingly, the present application is allowed.

Registry is directed to put on record the replication filed by the application in the connected election petition.

Misc case stands disposed of.

Source: High Court of Manipur, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.