Smt. Kapliani and 2 Ors v. Sh. Chalzika of Maubuang and 4 Ors

ORDER B E F O R E HON'BLE MR. JUSTICE NELSON SAILO

26.04.2024 Heard Ms. Vanlalthlamuani, learned counsel for the applicant, who submits that the applicant by filing this application, seeks condonation of 162 days delay in filing the connected substitution application for substituting respondent No. 1 by his legal representative, i.e. his wife. The learned counsel submits that the respondent expired on 12.07.2023 but the same came to the knowledge of the applicant only on 11.03.2024. She submits that since the cause of action survives, the application for condonation may be allowed. Ms. Ruth Lalruatfeli, learned counsel for the respondents, on the other hand, submits that she needs to take instructions from his clients in the matter. However, considering the fact that the cause of action admittedly survives and that it was due to the late knowledge of the applicant about the death of respondent No. 1, the delay has been occasioned. Therefore, upon considering the submissions made by the learned counsels Page No.# 4/4 for the parties and upon perusal of the application, this Court is inclined to condone the delay of 162 days in filing the connected substitution application. Accordingly, a delay is condoned and the application stands allowed.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC030002662024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/78/2024 Smt. Kapliani and 2 Ors. W/o Thanluaia, R/o Tuikual S, B Mual, Aizawl, Mizoram 2: Smt. Lalzawmthangi D/o H. Thanzama (L) Bungkawn Aizawl 3: Smt. Lalthanpuii D/o H. Thanzama (L) R/o Maubawk Aizawl Mizora VERSUS Sh. Chalzika of Maubuang and 4 Ors. R/o Bungkawn Nursery Veng, Aizawl 2:The State of Mizoram Represented by the Chief Secretary to the Government of Mizoram Aizawl 3:The Secretary to the Government of Mizoram Land Revenue and Settlement Department Aizawl 4:The Director Land Revenue and Settlement Department Aizawl Page No.# 2/4 5:The Assistant Settlement Officer-I Land Revenue and Settlement Department Aizawl Mizora Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : Mr. L.H. Lianhrima, Sr.Adv. for R1 Linked Case : RFA/4/2019 Kapliani and 2 Ors. Tuikual S B Mual Aizawl Mizoram 2: Lalzawmthangi Bungkawn Aizawl Mizoram 3: Lalthanpuii Maubawk Aizawl VERSUS Chalzika and 4 Ors. Bungkawn Nursery Veng Aizawl Mizoram 2:The Chief Secretary to the Govt. of Mizoram Aizawl Mizoram 3:The Secretary to the Govt of Mizoram Land Revenue And Settlement Dept Aizawl Aizawl Mizoram Page No.# 3/4 4:The Director land Revenue and Settlement Dept Aizawl Mizoram Aizawl Mizoram 5:the Assistant Settlement Officer-I Land Revenue and Settlement Dept Aizawl Aizawl Mizoram Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : Mr. L.H. Lianhrima Sr.Adv. for R1