Pangeijam Muhon Singh v. Smt. Paonam Ningol Mani Devi and 4 Others

Item Nos. 5-6

IN THE HIGH COURT OF MANIPUR AT IMPHAL

MC(RSA) No. 27 of 2022 (Ref: RSA No. 6 of 2018) Pangeijam Muhon Singh, aged about 73 years, s/o late P. Angahal Singh of Heingang Mayai Leikai, died on 22.01.2005 by his LRs:-

¶1Smt. Pangeijam Ongbi Loitang Devi w/o late P. Muhon Singh. (expired and deleted under order dated

07.02.2017).

¶2Shri Pangeijam Yaiskul Singh, aged about 60 years, s/o late P. Muhon Singh.

¶3Shri Pangeijam Sarat Singh, aged about 55 years, s/o late P. Muhon Singh.

¶4Shri Pangeijam Sunil Singh, aged about 45 years, s/o late P. Muhon Singh.

¶5Kr. Pangeijam Pravabati Devi, aged about 62 years, d/o late P. Muhon Singh.

¶6Smt. Pangiejam Ibeyaima Devi, aged about 50 years, d/o late P. Muhon Singh. All of Heingang Mayai Leikai, P.S. Heingang Imphal East District, Manipur – 795002. …Applicants -Versus -

¶1Smt. Paonam Ningol Mani Devi, aged about 66 years, d/o late P. Nongai Singh of Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002 now died represented by his LRs. i. Naoroibam Sanajaoba Singh, aged about 65 years, son of Paonam Ningol Naoroibam Ongbi Mani Devi, Naoroibam Chitrabot Singh, aged about 60 years, son Naoroibam Deven Singh, aged about 36 years, son of Paonam Ningol Naoroibam Ongbi Mani Devi, resident NINGOM BAM VICTORIA by NINGOMBAM VICTORIA Date: 2023.01.12 16:37:18 +05'30'

Naoroibam Ranjita Devi, aged about 42 years, daughter of Paonam Ningol Naoroibam Ongbi Mani v. Naoroibam Lata Devi, aged about 38 years, daughter

¶2Smt. Paonam Ningol Rani Devi, aged about 52 years, d/o late P. Nongai Singh, Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002 now died represented by his LRs. i. Naoroibam Arun Singh, aged about 55 years, son of Paonam Ningol Naoroibam Ongbi Rani Devi, resident Naoroibam Sobharani Devi, aged about 43 years, daughter of Paonam Ningol Naoroibam Ongbi Rani Naoroibam Radhamani Devi, aged about 37 years, daughter of Paonam Ningol Naoroibam Ongbi Rani Naoroibam Thabaton Devi, aged about 32 years, daughter of Paonam Ningol Naoroibam Ongbi Rani

¶3Smt. Paonam Ningol Amusana Devi, aged about 56 years, d/o late P. Nongai Singh, Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002.

¶4Smt. Paonam Ningol Jamini Devi, d/o late P. Nongai Singh of Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002.

¶5Shri Sanglakpam Achou Sharma, aged about 70 years, son of late Kullachandra Sharma, resident of Heingang Mayai Leikai, PO Mantripukhri, PS-Heingang, Imphal East District, Manipur – 795002. …Opposite Parties

With MC(RSA) No. 30 of 2022 (Ref: RSA No. 6 of 2018) Pangeijam Muhon Singh, aged about 73 years, s/o late P. Angahal Singh of Heingang Mayai Leikai, died on 22.01.2005 by his LRs:-

¶1Smt. Pangeijam Ongbi Loitang Devi w/o late P. Muhon Singh. (expired and deleted under order dated

07.02.2017).

¶2Shri Pangeijam Yaiskul Singh, aged about 60 years, s/o late P. Muhon Singh.

¶3Shri Pangeijam Sarat Singh, aged about 55 years, s/o late P. Muhon Singh.

¶4Shri Pangeijam Sunil Singh, aged about 45 years, s/o late P. Muhon Singh.

¶5Kr. Pangeijam Pravabati Devi, aged about 62 years, d/o late P. Muhon Singh.

¶6Smt. Pangiejam Ibeyaima Devi, aged about 50 years, d/o late P. Muhon Singh. All of Heingang Mayai Leikai, P.S. Heingang Imphal East District, Manipur – 795002. …Applicants -Versus -

¶1Smt. Paonam Ningol Mani Devi, aged about 66 years, d/o late P. Nongai Singh of Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002 now died represented by his LRs. i. Naoroibam Sanajaoba Singh, aged about 65 years, son of Paonam Ningol Naoroibam Ongbi Mani Devi, Naoroibam Chitrabot Singh, aged about 60 years, son Naoroibam Deven Singh, aged about 36 years, son of Paonam Ningol Naoroibam Ongbi Mani Devi, resident Naoroibam Ranjita Devi, aged about 42 years, daughter of Paonam Ningol Naoroibam Ongbi Mani

v. Naoroibam Lata Devi, aged about 38 years, daughter

¶2Smt. Paonam Ningol Rani Devi, aged about 52 years, d/o late P. Nongai Singh, Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002 now died represented by his LRs. i. Naoroibam Arun Singh, aged about 55 years, son of Paonam Ningol Naoroibam Ongbi Rani Devi, resident Naoroibam Sobharani Devi, aged about 43 years, daughter of Paonam Ningol Naoroibam Ongbi Rani Naoroibam Radhamani Devi, aged about 37 years, daughter of Paonam Ningol Naoroibam Ongbi Rani Naoroibam Thabaton Devi, aged about 32 years, daughter of Paonam Ningol Naoroibam Ongbi Rani

¶3Smt. Paonam Ningol Amusana Devi, aged about 56 years, d/o late P. Nongai Singh, Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002.

¶4Smt. Paonam Ningol Jamini Devi, d/o late P. Nongai Singh of Heingang Mayai Leikai, P.S. Heingang, Imphal East District, Manipur – 795002.

¶5Shri Sanglakpam Achou Sharma, aged about 70 years, son of late Kullachandra Sharma, resident of Heingang Mayai Leikai, PO Mantripukhri, PS-Heingang, Imphal East District, Manipur – 795002. …Opposite Parties B E F O R E HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

For the applicant/ appellant : Th. Henba, Advocate For the respondents : Mr. N. Suresh, Advocate Date of order : 12-01-2023

O R D E R [1] Respondent No. 1 in the main second appeal, RSA No. 6 of 2018, expired on 14-07-2022. As steps were not taken to bring his legal representatives on record within time, the appeal stood abated against him. [2] By way of MC(RSA) No. 27 of 2022, the appellants seek setting aside of the abatement of the appeal against respondent No. 1. By way of MC(RSA) No. 30 of 2022, they seek to bring on record his legal representatives. [3] Mr. Th. Henba, learned counsel, appears for the appellants/ applicants. Notice was ordered to the proposed legal representatives and Mr. N. Suersh, learned counsel, states that he would be appearing for LR Nos. 1, 2 & 3 of deceased respondent No. 1. The notice sent to LR No. 4 by the Registry of this Court was returned unserved and the returned envelope bears the endorsement 'Refused by the Addressee'. [4] Mr. N. Suresh, learned counsel, states that he has no objection to these miscellaneous cases being considered on their own merits. Sufficient cause has been shown by the applicants/appellants for not taking steps within time, as they claim that they did not know the details of the LRs of deceased respondent No. 1. [5] MC(RSA) No. 27 of 2022 is accordingly ordered setting aside the abatement of the appeal against the deceased respondent No. 1. MC(RSA) No. 30 of 2022 is ordered and LR Nos. 1 to 4 of deceased respondent No. 1 are brought on record in the main second appeal. [6] Registry is directed to carry out necessary corrections in the cause title of the main second appeal.

CHIEF JUSTICE Victoria