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Supreme Court of India · 03/11/2022

MARINGMEI ACHAM versus M MARINGMET KHURIPOU

[2022] 10 S.C.R. 148 · 2022 INSC 1160

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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

  1. 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

Held

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.

Judgment PDF: Supreme Court of India, [2022] 10 S.C.R. 148.