2026:MNHC:141 Item No.7 IN THE HIGH COURT OF MANIPUR AT IMPHAL Tr.Petn(C). No.8 of 2025 IN RE: Registrar General, High Court of Manipur Petitioner/s Vrs. 1. All Manipur Contractors’ Association Forum, having its head office address at PWD Complex, Imphal West, P.O. & P.S. Imphal, Manipur, PIN 795001 represented by i. Shri Laishram Guni Singh, aged about 77 years, S/o (Late) Khamba Singh, resident of Kakwa Laiphrakpam Leikai, P.O & P.S- Singjamei, Imphal West District, Manipur-795001; and ii. Mr. L.S Asheli, aged about 76 years, Son of (Late) Shisou, resident of Paomei Colony, P.O. Mantripukhri, P.O. Heingang, Imphal East District, Manipur-795002. 2. Shri Amit Shukla, aged about 52 years, Son of Not known, currently serving as the Director General, National Rural Infrastructure Development Agency (NRIDA), 5th Floor, 15 NBCC Tower, Bhikaji Cama Place, New Delhi- 110066. Respondent/s BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR (ORDER) 28.07.2026 [1] The following abbreviations/short forms have been used in this order: Sl. No. Abbreviation/Short Form/other references for the sake of brevity/convenience and/or clarity Full Form/Expansion 1. transferor Court Civil Judge (Senior Division) Imphal West 2026:MNHC:141 2 transferee Court Civil Judge (Senior Division) Imphal East 3. said suit Original (defamatory) Suit No.41 of 2025 4. CPC The Code of Civil Procedure, 1908 5. R1 first respondent 6. R2 second respondent 7. RG Learned Registrar General, High Court of Manipur. [2] Captioned transfer petition has been filed in this Court on 14.11.2025 inter-alia under Section 24 of CPC. [3] A letter dated 06.09.2025 bearing reference No. CJ(SD)IW/2025/303- 304 from the learned Presiding Officer of the transferor Court which has been forwarded to learned RG of this Court under cover of letter dated 08.09.2025 bearing Reference No.5/14/2009-DJ(W):2758 from the Office of the District and Sessions Judge, Imphal West has necessitated for filing of captioned transfer petition. [4] To be noted, said suit is now pending on the file of transferor Court, said suit was instituted in the transferor Court on 03.09.2025 and the same learned Presiding Officer who has written afore-referred 06.09.2025 letter continues to preside transferor Court. In and vide afore-referred 06.09.2025 letter adverted to supra, learned Presiding Officer of transferor Court has recused herself qua said suit on the ground that her father’s elder brother one Mr. Laishram Guni Singh representing one L.S. Asheli appeared for plaintiff. [5] To be noted, in the captioned petition R1 is plaintiff in the said suit and R2 is lone defendant in the said suit. 2026:MNHC:141 [6] Before proceeding further, it has become necessary to refer to proceedings made by this Court in the listing of captioned matter on 10.02.2026 and this proceedings reads as follows: ‘10.02.2026 ‘Matter mentioned at the time of rising of the Court’ 2. Mr.M. Rustam, learned counsel for revision petitioner submitted that respondents have been served, no one has entered appearance but made a request to have the matter listed on 24.03.2026 as according to him, captioned matter has overlap qua Tr.P(C) No. 7 of 2025 which is listed on that day. To be noted the transfer petitions are not tagged and they are to be listed as separate items. 3. Afore-referred request acceded to. 4. List on 24.03.2026.’ [7] As would be evident from the afore-referred proceedings, the same was made on the basis of representation/submission made by learned counsel for transfer petitioner but today Mr. W. Jamon, learned counsel on record for transfer petitioner expresses regret, tenders apology and says that there is no overlap of the captioned mater qua Tr.P(C) No.7 of 2025 and representation was wrongly made on 10.02.2026. In this view of the matter, it is made clear that there is no overlap of the captioned matter qua Tr.P(C) No.7 of 2025. To be noted, today Tr.P(C) No.7 of 2025 was also listed before this Court. This Court had the benefit of perusing the case file of Tr.P(C) No.7 of 2025 and that pertains to transfer of O.S No. 1 of 2025 on the file of District Judge, Senapati. [8] Reverting to the case on hand, both respondents have been duly served, R1 has entered appearance and today Mr. Royal Ray Salam, learned counsel 2026:MNHC:141 on record for R1 led by Mr. S. Rupachandra, learned senior advocate is before this Court. [9] As regard R2, though R2 has been duly served on 11.12.2025 itself, R2 has neither chosen to enter appearance through counsel nor come before this Court (either in the physical Court or on the video conferencing platform). To be noted, after 11.12.2025, captioned matter was listed before this Court on 10.02.2026, 24.03.2026, 24.04.2026 and 05.06.2026 (all before listing today) and this means that R2 has been given sufficient, adequate and ample opportunity. [10] As regards the transfer plea, learned senior counsel Mr. S. Rupachandra very fairly submitted that the prayer can be acceded to as it is a case of recusal by the learned Judge presiding the transferor Court and the same learned Judicial Officer continues to preside the transferor Court. It was further submitted that it would be desirable to transfer said suit to transferee Court as it is in the same complex i.e., Cheirap Court complex. [11] This Court, carefully considered the facts and circumstances of the case. This Court is of the considered view that the learned Judicial Officer presiding the transferor Court was absolutely correct in recusing herself as her father’s elder brother has represented the counsel for plaintiff. As regards R2, it is made clear that the transferee Court will now retry the said suit i.e., will commence from issue of suit summons and notices in interlocutory applications, if any. This order is being made in exercise of powers under sub-Section (2) of Section 24 of CPC which empowers this Court to give special directions to retry a matter in cases of transfer. This protects the interest of R2. In any event, R2 cannot have any objection to the transfer considering the ground on which transfer is predicated. Besides these two 2026:MNHC:141 points, the third point of importance is that R2 has been given adequate, ample and sufficient opportunity as adverted to/alluded to elsewhere supra in this order. [12] In the result i.e., owing to narration, discussion and dispositive reasoning thus far, captioned transfer petition is allowed and the following order is made: (i) Said suit i.e., O.S. No. 41 of 2025 on the file of transferor Court {Civil Judge (Senior Division) Imphal West} now stands transferred to transferee Court {Civil Judge (Senior Division) Imphal East}; (ii) The transferor Court is directed to send all case records and suit file qua said suit (O.S. No. 41 of 2025) to transferee Court forthwith through a special messenger; (iii) The transferee Court shall now list the matter on 01.08.2026, issue suit summons, fresh notices in interlocutory applications (if any) and retry said suit (O.S. No. 41 of 2025). [13] Captioned transfer petition is allowed albeit with aforesaid observations and directions. There shall be no order as to costs. CHIEF JUSTICE Ab. Surjit P.S. I : Upload forthwith. P.S. II : All concerned will stand bound by web copy uploaded in High Court website inter-alia as the same is QR coded. P.S. III : Registry of this Court is directed to communicate this order forthwith to Presiding Officer of transferor Court {Civil Judge (Senior Division) Imphal West} and transferee Court {Civil Judge (Senior Division) Imphal East} forthwith by sending the same through a special messenger. Abujam Surjit Singh Digitally signed by Abujam Surjit Singh Date: 2026.07.28 18:22:02 +05'30'