THOKCHOM KHOMEI SINGH Vs. MUTUM BIRACHANDRA SINGH

JUDGEMENT

(1.) All the misc. cases arose out of Second Appeal No. 9 of 1982 having its chequered history. The original suit 12 of 1976 was filed by 14 plaintiffs, the successor in interest of one Thokchom Himaloi Singh (shortly Himalai) against sole defendant Mutum Leiren Singh on 11.3.1976. During pendency of the suit before the trial Court sole defendant died and his legal representatives 10 in number had been substituted vide order dated 20.11.1978.

(2.) Suit was for declaration of title and recovery of possession by evicting the defendant from immovable property. The suit was decreed on 1.4.1981. The legal representative of sole defendant preferred first appeal in Civil Appeal No. 8/81 and the District Judge allowed the appeal, dismissed the suit vide judgment dated 31.5.1982, against which the second appeal has been preferred by the 12 plaintiffs making 2 plaintiffs as proforma respondents on 20.9.1982.

(3.) During the pendency of this second appeal the appellant No. 7 died on 6.2.94 for which a petition under Order 22 Rule 3 of the C.P.C. has been filed by his legal representatives in Civil Misc.81 of 1996 along with a condonation petition in Misc. 80/96 on 26.11.1996. a) Respondent No.1 died on 19.2.1996 for which the appellants filed petition seeking substitution under Order 22 Rule 4 C.P.C. in Civil Misc. 79/96 on 26.11.1996 along with condonation petition in Civil Misc. 78/96. b) The proforma respondent No. 12 died on 27.11.96 and his legal heirs filed petition seeking substitution under Order 22 Rule 4 C.P.C. on 21.11.2000 in Civil Misc. 64/2000 along with condonation petition in Civil Misc. 62/2000.