STATE OF MANIPUR REPRESENTED BY THE PRINCIPAL SECRETARY Vs. L.PAKCHAO SINGH

JUDGEMENT

(1.) THIS is an intra court appeal filed by the respondents of WP(C) No.1178 of 1999 under Rule 2 Chapter V -A of Rules of Gauhati High Court against the order dated 25.05.2006 passed by the learned single Judge in the aforementioned writ petition. Heard Mr.Th.Ibohal, learned Advocate General, Manipur appearing for the appellants and Mr.N.Kumarjit, learned senior counsel for the respondents.

(2.) BY the impugned order, the learned single Judge allowed the writ petition in part and passed the following order:

(3.) LAW on this point is rather too well settled. On the death of a party to the lis, it automatically comes to an end. It is then the duty of the party concerned to make an application to bring the legal representatives of the deceased party on record to enable the court to continue the lis provided a cause of action survives for prosecution of the lis and if it devolves upon his legal representatives. If no steps are taken in that regard, within the time specified in law (90) days, then the proceedings stands abated. In such circumstances all the orders passed in such proceedings by the court becomes a nullity and are amenable to question in any proceedings including even in collateral proceedings.