TREASURE IRENE SYIEMLIEH Vs. U. MESTONATH KHARSHANDI

JUDGEMENT

(1.) This is an application under Article 227 (1) of the Constitution of India read with Sec. 151 of the Code of Civil Procedure and Rule-6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014.

(2.) Heard Ms. M. Deb, learned counsel for the petitioner who has submitted that the respondents No. 1, 2 and 3 as plaintiffs had filed a suit before the court of the Subordinate District Council Court, Shillong registered as Title Suit No. 9 of 1999. The prayer made therein is for declaration of right, title, ownership and possession and for permanent injunction restraining the defendants from interfering with such title, ownership and possession of the plaintiffs/respondents herein. The defendants include one U Phromiwell Lyngdoh (since deceased) and two others who are the Secretary and Lyngdoh of the Village Dorbar, Nongpoh.

(3.) The learned counsel went on to submit that in course of proceedings in the said Title Suit No. 9 of 1999, the plaintiff No. 3 expired. The defendant No. 1 also expired and the counsel for the said defendant withdrew from the proceedings which was allowed. Vide order dtd. 26/6/2014, the suit against the defendant No. 1 stands abated. However, a petition for substitution of the deceased defendant No. 1 was filed by the plaintiff which was allowed. Thereafter, vide order dtd. 6/6/2016, the court recorded that the defendants have chosen to remain absent in spite of having received notice and accordingly proceeded exparte against the defendants.