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Judgment
KH. Nobin Singh, J
Heard Mr. N. Ibotombi, learned Senior counsel appearing for the petitioner.
According to him, respondent No. 1 filed a suit for injunction restraining the petitioner association for holding an election (Annual General Body). The learned Civil Judge (Sr.Divn.), Imphal East passed an order dated 18.8.2018 directing the petitioner association not to hold the election. Since the petitioner association was not aware of the order passed by the Civil Judge (Sr. Divn.), Imphal East, the election was held on the next date i.e. on 19.09.2018.
Thereafter, respondent No. 1 lodged a complaint of disobedience on which a proceeding was initiated by the learned Civil Judge (Sr. Divn.), Imphal East. It so happened that on 02.02.2019, when the O.S. No. 55 of 2018 was listed before the learned Civil Judge (Sr.Divn.), Imphal East, the counsel for the Respondent No. 1 was not present because of which the suit was dismissed on default.
An application being Judl. Misc. Case No. 106 of 2019 was filed by the learned counsel appearing for respondent No.1/plaintiff praying for restoration of the said suit as well as the connected Misc. Cases which was allowed on 01.04.2019 by the Ld. Trial Court. Being aggrieved by the order dated 01.04.2019, the petitioner has filed the instant CRP(CRP Art. 227) No. 27 of 2019 mainly on the following grounds:
i)There is no any provision of law on which a counsel could move an application in a proceedings between the parties and
ii)The learned Civil Judge (Sr.Divn.) ought not to have restored the suit alongwith the applications on the basis of the application filed by the counsel for the respondent No. 1/plaintiff.
Let notice be issued to the respondents, returnable within 4(four) weeks.
Steps be taken by the petitioner for issuing notice to the respondents.
List the matter on 14.06.2019 for consideration of the prayer and in the meantime, the order dated 01.04.2019, impugned herein, shall remain stayed. A copy of this order may be furnished to Mr. N. Ibotombi, learned Sr. counsel appearing for the petitioner/applicant today, provided he moves an application for it today itself.