MARINGMEI ACHAM Vs. M MARINGMEI KHURIPOU

JUDGEMENT

(1.) Leave granted. 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 injunction would no longer have to be proceeded with.

(2.) It is the case of the appellant that his father (Maringmei Thaitoungam) became the headman of a village by name Lamdan Kabui in the year 1972. It is his further case that the post of Chief(Khullakpa) of the village Lamdan Kabui is hereditary as per the Rongmei Kabui Customary Law and as per which on the death of the chief of the village, the eldest clan member /son becomes the chief. The custom has been in existence since time immemorial and even notified in the Gazette. It is in terms of such custom that the appellant's father became the chief in the year 1972.

(3.) The appellant's father filed Original (Declaratory) Suit No.3 of 2014 on 10/3/2014 contending that he was the chief of village since 1972. His wife had passed away in the year 2013. The respondent herein claiming that a widower cannot become the chief, had forged certain proceedings declaring himself to be the chief. It was his further contention that even if the original plaintiff could not act as a chief, his son can become the chief. The appellant's father sought a relief of declaration of his right as chief (Khullakpa). He further sought a declaration that the order passed by the Deputy Commissioner, Churachndpur dtd. 20/1/2014 by which the respondent was recognised as chief was null and void and a permanent injunction was also sought for against the felling of trees.