SANGLAKPAM N MEMA DEVI Vs. YAIMABI DEVI

JUDGEMENT

(1.) IN this case, a short but an important question of law is to be examined. The question is whether substitution of plaintiffs by way of assignment of interest in the suit would amount to withdrawal of the plaintiffs from the suit. The other ancillary question is whether one of the plaintiffs can assign his or her interest in the suit without the consent of co-plaintiffs.

(2.) I have heard Shri T. Gogonchandra, learned counsel for the applicants and Shri Ch. Nodiachand, learned senior counsel assisted by Shri Ch. Ngongo, learned counsel for the Opposite Party.

(3.) THIS application has been filed by two of the three plaintiffs under Order XXII Rule 10 of the Code of Civil Procedure seeking leave of the court to allow them (Petitioners No. 1 and 2) to be substituted by petitioner No. 3. The substitution is sought for on the ground that the petitioners No. 1 and 2 have gifted their sebaitship to their uncle, Shri S. Tunanbi Sharma (Petitioner No. 3) by executing a registered gift deed on 18. 9. 2006. The reason for gifting sebaitship is that both the petitioner Nos. 1 and 2 are unable to perform seva pujah and other day-to-day rituals of their deity/idol since they have married and living far away from their parental homes.