Summary
A man sued to be declared hereditary chief of a Manipur village. His son was substituted as his legal representative in the father's appeal against refusal of a temporary injunction, but not in the suit itself. The Manipur High Court then held that the suit had abated on the father's death, so nothing survived in the appeal. The Supreme Court disagreed. Under Rangubai Kom Shankar Jagtap, an appeal against an interlocutory order is a stage of the suit, so bringing legal representatives on record there in time enures for all later stages. The failure to substitute in the suit itself was therefore not fatal. Recording that the appellant would not press the miscellaneous appeals, the Court consolidated the rival suits and directed their disposal within eight months, leaving the merits open.
Issues
- Whether a suit abates on the death of the sole plaintiff where his legal representative was brought on record in time in an appeal against an interlocutory order in the suit, but not in the suit itself.
Provisions considered
- Order XXII Rules 3, 4 and 11, Code of Civil Procedure, 1908Abatement applies to suits and appeals alike, but substitution of legal representatives within time at one stage of a suit, including an appeal from an interlocutory order, enures for its subsequent stages. (¶¶ 9, 11, 12)
- Order XLIII Rule 1 and Order XXXIX Rule 1, Code of Civil Procedure, 1908The appeal against refusal of a temporary injunction was a continuation of the suit, so substitution in it prevented abatement of the suit. (¶¶ 1, 4, 12)
Held
- An appeal against an interlocutory order is a continuation of the suit, and an order bringing legal representatives on record in such an appeal within time enures for the subsequent stages of the suit. (¶¶ 9, 11)
- Since the appellant was substituted in the appeal against refusal of injunction, the failure to implead him in the suit itself was not fatal and the suit could not be treated as abated; it must proceed. (¶ 12)
- As the substantive issues must be decided in the suits, and on the appellant's statement that he would not press the miscellaneous appeals, the rival suits were consolidated for early disposal without any view on the merits. (¶ 13)
Result
Appeal allowed; the Manipur High Court's order set aside; Original (Declaratory) Suit No. 3 of 2014 and Original (Injunction) Suit No. 39 of 2014 consolidated and directed to be decided by the Civil Judge (Senior Division), Churachandpur within eight months, merits left open; parties to bear their own costs.