Manipur High Court Speeds Up Vintage Partition Suit Pending Since 2003

The High Court of Manipur has cleared the path for the conclusion of a 23-year-old partition suit, striking a balance between procedural amendments and the defense's right to respond to new pleadings. The ruling ensures that ancient litigations do not remain perpetually stalled due to interlocutory disputes over pleadings, mandating an expedited trial to prevent the case from reaching its quarter-century mark in limbo.

A bench of Chief Justice Mr. M. Sundar presided over the civil revision petition challenging an order passed by the trial court in a long-standing property dispute. The Court addressed the procedural impasse arising from an amendment application filed under the Code of Civil Procedure, 1908, emphasizing the need for timely disposal of suits that have been pending for over two decades.

Court Observations and Directions

The Court observed the extreme age of the litigation, noting that the suit was presented in April 2003 and is fast approaching its twenty-fifth anniversary. While sustaining the trial court's order allowing the amendment, the Court ensured that the revision petitioners were not left without a remedy. The Court, in its reasoning, observed: "Said civil suit which is in the nature of a partition suit amongst coparceners is vintage nay ancient. The reason is, the plaint presented in said trial court is dated 25.04.2003. It is now 2(two) decades and 3(three) years old. In less than 2(two) years from now, it will be quarter century old."

The Court has the following directions:

"(a) Impugned order being order dated 04.04.2018 made in Judicial Misc. Case No. 121 of 2017 in Original Suit No.18 of 2003 on the file of the Court of Civil Judge Junior Division, Imphal West-I at Lamphelpat is sustained;

(b) The plaintiff shall now carry out amendments in the said civil suit on the file of the said trial court pursuant to impugned order following procedural requirements;

(c) Thereafter, the revision petitioners who are defendants in the said civil suit on the file of the said trial court will be at liberty to file additional written statement/s meeting the amended portions of the plaint on merits."

Background

The dispute originated from Original Suit No. 18 of 2003, a partition suit filed in the Court of Civil Judge (Junior Division) Imphal West-I. During the pendency of the suit, the sole plaintiff passed away in 2012 and was substituted by legal heirs. The controversy reached the High Court when the petitioners challenged an order dated April 4, 2018, which had allowed the plaintiff's application for amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, 1908. The petitioners initially assailed the trial court's decision, but through the course of the hearing, both parties reached a consensus. The High Court disposed of the revision petition by sustaining the amendment but granting the defendants the specific liberty to file additional written statements to address the new claims. The trial court was further directed to frame additional issues and expedite the trial, giving priority to this 2003 matter.

Case Details:
Case No.: CRP(C.R.P. Art. 227) No. 40 of 2018
Neutral Citation: 2026:MNHC:215
Case Title: Smt. Chakpram Ongbi Muktabali Devi & Ors. v. Shri Chakpram Kulla @ Kullachandra Singh (Died) represented by L.Rs & Ors.
Appearances:
For the Petitioner(s): Mr. Ajoy Pebam, Advocate
For the Respondent(s): Mr. N. Mahendra, Advocate

Source: 2026 CaseBase(MAN) 92