M. MARINGMEI KHURIPOU Vs. MARINGMEI ACHAM
HIGH COURT OF MANIPUR
M. Maringmei Khuripou
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SANJAY KUMAR,J. -
(1.) A piquant point of procedure arises for consideration in this revision filed under Article 227 of the Constitution - what would be the impact and consequence of the legal representative of a deceased sole plaintiff seeking impleadment in that capacity only in the appeal filed by such sole plaintiff against an interlocutory order passed in the suit without taking steps to come on record as the legal representative of such sole plaintiff in the suit itself, resulting in its abatement by operation of law.
(2.) The facts leading up to the present revision, in a nut shell: Maringmei Thaitoungam filed Original (Declaratory) Suit No. 3 of 2014 before the learned Civil Judge (Senior Division), Churachandpur, seeking declaration of his right and title as the existing Chief of Lamdan Kabui Village or, in the alternative, a declaration that he was still the Chief of Lamdan Kabui Village. He also sought a declaration that order dated 20.01.2014 passed by the Deputy Commissioner, Churachandpur, was null and void. By the said order, the Deputy Commissioner had approved the claim of Maringmei Khuripou, the petitioner in this revision, to be the Khullakpa (Chief) and ex-officio Chairman of the village. In addition to these declarations, Maringmei Thaitoungam sought a permanent injunction restraining Maringmei Khuripou and his agents from felling trees in the village.
(3.) Maringmei Thaitoungam also filed a miscellaneous application in the suit, in Judl. Misc. Case No. 3 of 2014, seeking a temporary injunction restraining Maringmei Khuripou from acting as the Chief of Lamdan Kabui Village; from cutting down trees in the village; from collecting house-tax from the villagers; and to maintain status quo, as he, Maringmei Thaitoungam, was the Chief of Lamdan Kabui Village, during the pendency of the suit. However, by order dated 03.07.2014, the Trial Court dismissed the said injunction application. Aggrieved thereby, Maringmei Thaitoungam filed an appeal in Civil Misc. Appeal No. 2 of 2014 before the learned District Judge, Manipur West, Imphal. This appeal was filed in August, 2014. While so, Maringmei Thaitoungam died on 07.09.2014. Thereupon, his son, Maringmei Acham,the respondent in the present revision, filed an application, in Judl. Misc. Case No. 31 of 2014 in Civil Misc. Appeal No. 2 of 2014, under Order XXII Rule 3 CPC seeking to come on record as the legal representative of the deceased appellant, viz., Maringmei Thaitoungam.;
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