EMBOLIN TERON Vs. GWENDOLINE LYNGDOH

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the lower court record.

(2.) BY means of this CRP application filed under Article 227 (read with Article 226) of Constitution of India, the petitioner has challenged the orders dated 28 -02 -2012 and 2 -8 -2012 passed by Assistant to Deputy Commissioner, Jowai in TS No. 29 of 1996 (and Misc. Case No. 30 of 1996), and order dated 28 -2 -2012 passed by Additional Deputy Commissioner, Jowai in Misc. Civil Appeal No. 9 of 2011. By the order dated 28 -2 -2012, the Additional Deputy Commissioner has upheld the order of the trial court and directed the tenants to deposit the rent in favour of the third party in compliance to trial court 's order dated 6 -12 -2010.

(3.) IT is admitted by learned counsel for the parties present before this Court that Mili Dkhar died on 3 -10 -2010. From the papers on record, it appears that neither Mili Dkhar 's legal heirs moved any substitution application on behalf of deceased plaintiff under Order XXII Rule 3 of Code of Civil Procedure, 1908 for their substitution nor any application appears to have been filed by Somly Lyngdoh in her TS. No. 29 of 1996 for substitution of legal representative, defendant of said case (Mili Dkhar) under Rule 4 of Order XXII of Code of Civil Procedure, 1908. Though the Code of Civil Procedure, 1908 does not apply technically to the District Council Courts of Meghalaya, but the spirit of the Code is applicable. In the present case, after the order dated 10 -3 -1998 passed in Misc. Civil Appeal No. 9 of 1996, both the cases stood transferred to the Court of Assistant to Deputy Commissioner, Jowai (i.e. stood withdrawn from the District Council Court). In the above circumstances, after a period of 90 (ninety) days of death of Mili Dkhar, both suits stood abated by operation of law.