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Civil · Reportable judgment

Maringmei Acham vs M Maringmet Khuripou

Court
Supreme Court of India
Date
3 November 2022
Case No.
Civil Appeal No. 8104 of 2022
Result
Allowed
Bench
K.M. Joseph, Hrishikesh Roy
Citation
[2022] 10 S.C.R. 148 : 2022 INSC 1160
Supreme Court Reports [2022] 10 S.C.R. 148 : 2022 INSC 1160
Headnote

Code of Civil Procedure, 1908 – Abatement of suit – Proper or not – High Court held that the civil miscellaneous appeal filed u/Or.XLIII, r.1 of CPC against an order refusing temporary injunction would no longer have to be proceeded with, as the suit was filed by the appellant’s late father and no steps were taken to implead his legal representatives – As a result, the suit filed by the appellant’s father had abated – Since, the suit from which the appeal arose abated, nothing further survived – Held: A circumstance to be noticed is that appellant’s father died during the pendency of appeal against the refusal to grant interim order – The appellant had filed application before the Appellate Court seeking to come on record as his legal representative – Application was allowed – In view of the fact, that the legal representative was brought on record in an appeal from an interlocutory order, such impleadment will enure towards the proceedings itself – The failure to get the appellant impleaded in the suit itself would not be fatal to the continued prosecution of the suit – The suit, therefore, must be proceeded with – Order of the High Court set aside.

Rangubai Kom Shankar Jagtap v. Sunderabai Bhratar Sakharam Jedhe & Others [AIR 1965 SC 1794] : [1965] SCR 211 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by K. M. JOSEPH, J. Leave granted. 1. The impugned order is an order passed in a Civil Revision Petition. The High Court has found that in view of the fact that the suit, filed by the appellant’s late father (Maringmei Thaitoungam) who had died and as no steps had been taken to implead his legal representatives, had abated, the result of the abatement of the suit filed by the appellant’s father, it was held, was that the civil miscellaneous appeal filed under Order XLIII Rule 1 of the Code of the Civil Procedure against an order refusing temporary inj
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