Smt. Kapliani and 2 Ors. v. Sh. Chalzika of Maubuang and 4 Ors.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE NELSON SAILO
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-04-25. Smt. Kapliani and 2 Ors. v. Sh. Chalzika of Maubuang and 4 Ors. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC030002662024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : I. A. (Civil)/66/2024 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 Mizoram 3: Smt. Lalthanpuii D/o H. Thanzama (L) R/o Maubawk Aizawl Mizoram VERSUS Sh. Chalzika of Maubuang and 4 Ors. R/o Bungkawn Nursery Veng Aizawl 2:Sh. Chalzika of Maubuang R/o Bungkawn Nursery Veng Aizawl 3:The State of Mizoram Represented by the Chief Secretary to the Govt. of Mizoram Aizawl 4:The Secretary to the Govt. of Mizoram Page No. # 2/4 Land Revenue and Settlement Department Aizawl Mizoram 5:The Director Land Revenue and Settlement Department Aizawl Mizoram 6:The Assistant Settlement Officer-I Land Revenue and Settlement Department Aizawl Mizoram 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 Mizoram 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 Page No. # 3/4 Mizoram Aizawl Mizoram 4:The Director land Revenue and Settlement Dept Aizawl Mizoram Aizawl Mizoram 5:the Assistant Settlement Officer-I Land Revenue and Settlement Dept Aizawl Mizoram Aizawl Mizoram Advocate for the Petitioner : Mr A. R. Malhotra Advocate for the Respondent : Mr. L. H. Lianhrima Sr. Adv. for R1 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 by filing this application, the applicant seeks substitution of respondent No. 1 by his legal representative i. e. his wife since the respondent No.
1 expired on 12. 07. 2023. The learned counsel submits that since the cause of action survives, the application for substituting the respondent No. 1 may be allowed. Ms. Ruth Lalruatfeli, learned counsel for respondent the No. 1 submits that she has no objection if the application for substitution is allowed so that the matter can be decided on merits. Considering the submission made by the learned counsel for the applicants and the fair submission made by the learned counsel for the respondent No. 1, the Page No. # 4/4 application for substituting the respondent No. 1 is hereby allowed. The respondent No. 1 be substituted by his legal representative i. e. Smt. Saitawni, W/o Chalzika (L), R/o Bungkawn Nursery Veng, Aizawl. Interlocutory Application stands disposed of as allowed. JUDGE Comparing Assistant
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