Shri Khumanthem Yaima @ Inao v. Smt. Khumanthem Ningol Khuraijam Ongbi Mema Devi, aged

v. Shri Khumanthem Malemnganba Meetei, aged about 21 years, s/o late Kh. Komol Meetei.

3. Shri Khumanthem Yaima @ Inao, aged about 55 years, s/o late Kh. Irabot Singh by caste Hindu.

4. Shri Khumanthem Manglemba Singh, aged about 53 years, s/o late Kh. Irabot Singh by caste Hindu.

5. Kumari Khumanthem Ningol Pishakmacha Devi, aged about 51 Years, d/o late Kh. Irabot Singh by caste Hindu.

6. Kumari Khumanthem Ningol Memcha Devi, aged about 43 years, d/o late Kh. Irabot Singh by caste Hindu. All the above applicants are residents of Thangmeiband Polem Leikai, P.S. Imphal, District Imphal West, Manipur. - Versus - …Applicants

Smt. Khumanthem Ningol Khuraijam Ongbi Mema Devi, aged about 65 Years, w/o late Kh. Jugol Singh by caste Hindu, a resident of Sayang Pukhri Mapal, P.S. Imphal.

Smt. Khumanthem Ningol Yengkhom Ongbi Sumati Devi, being deceased to be represented by her LRs: MC(RSA) No. 18 of 2022 i. Shri Yengkhom Rajmani @ Mani Singh, aged about 73 Years, h/o late Sumati Devi. ii. Shri Yengkhom Anilkumar Singh, aged about 35 years, s/o Y. Rajmani Singh. iii. Shri Yengkhom Sidhartha Singh, aged about 32 years, s/o Y. Rajmani Singh. iv. Yengkhom Krishnabarti Devi, aged about 38 years, D/o Y. Rajmani Singh. v. Yengkhom (N) Roshnibala Devi, aged about 30 years, d/o Y. Rajmani Singh. vi. Yengkhom Sarda Devi, aged about 28 Years, D/o Y. Rajmani Singh All are residents of Uripok Polem Leikai, P.O. & P.S. Imphal, Imphal West, Manipur.

Smt. Khumanthem Ningol Khwairakpam Ongbi Bishesworl Devi, aged about 60 years, w/o Kh. Tomba Singh by caste Hindu, a resident of Sagolband Salam Leikai, P.S. Imphal.

Smt. Khumanthem Ningol Kiyam Ongbi Bimola Devi, aged about 58 years, w/o K. Lokeshor Singh by caste Hindu, a resident of Keishampat Thiyam Leikai, P.S. Imphal.

Smt. Khumanthem Ningol Kabrabam Ongbi Nirmala Devi, aged about 55 years, w/o K. Sarat Singh by caste Hindu, a resident of Lamphelpat near R.M.C. Gynae Gate, Lamphel, P.S. Lamphel.

Smt. Khumanthem Ningol Kshetrimayum Ongbi Sunita Devi, aged about 45 years, w/o Ksh. Kumar Singh by caste Hindu, a resident of Porompat Thawanthaba Leikai, P.S. Porompat.

Shri Khumanthem Ibomcha Singh, s/o late Kh. Shamungou Singh by caste Hindu, being represented by his legal representatives. i. Smt. Khumanthem Ongbi Ibemhal Devi, aged about 40 years, w/o late Kh. Ibomcha Singh by occupation Government Servant. ii. Khumanthem Bumbum Devi, aged about 15 years, d/o late Kh. Ibomcha Singh by occupation student. iii. Khumanthem Chalamba Singh, aged about 12 years, s/o late Kh. Ibomcha Singh, by occupation student. iv. Khumanthem Nanaotomba Singh, aged about 10 years, s/o late Kh. Ibomcha Singh by occupation student. MC(RSA) No. 18 of 2022 v. Khumanthem Ichantombi Devi, aged about 7 years, d/o late Kh. Ibomcha Singh. All are residents of Thangmeiband Polem Leikai, P.S. Imphal. LR Nos. (ii) to (v) being minors are to be represented by their natural mother No.(i) Ibemhal Devi.

Shri Khumanthem Babuchand Singh, aged about 47 years, s/o late Kh. Shamungou Singh, by caste Hindu, a resident of the same place.

Shri Khumanthem Suresh Singh, s/o late Kh. Shamungou Singh by caste Hindu. (died on 25.7.2009 represented by his legal Representatives). i. Smt. Khumanthem Ongbi Maipakpi Devi, aged about 48 years, w/o late Kh. Suresh Singh. ii. Shri Khumanthem Suraj Singh, aged about 17 years, s/o late Kh. Suresh Singh (minor). iii. Km. Khumanthem Ichan Devi, aged about 15 years, d/o late Kh. Suresh Singh (minor). iv. Km. Khumanthem Oshila Devi, aged about 11 years, d/o late Kh. Suresh Singh (minor). Sl. Nos. (ii) to (iv) are minors represented by their mother Smt. Maipakpi Devi Sl. No.(i). All are residents of Thangmeiband Polem Leikai, P.O. & P.S. Imphal, Imphal West District, Manipur.

9.A. Shri Soibam Chandrakumar Singh, aged about 65 years, s/o late S. Tomba Singh of Thangmeiband Polem Leikai, P.S. Imphal. ...Principal Respondents/ Defendants

Shri Khumanthem Dhananjoy Singh, s/o (L) Kh. Shamungou Singh, by caste Hindu. Being deceased to be represented by his legal representatives. i. Shri Khumanthem Indrajit Singh, aged about 37 years, s/o late Kh. Dhananjoy Singh. ii. Shri Khumanthem Sanatomba Singh, aged about 33 years, s/o late Kh. Dhananjoy Singh. iii. Shri Khumanthem Binoy Singh, aged about 31 years, s/o late Kh. Dhananjoy Singh. iv. Smt. Khumanthem Ningol Yaiyai Devi, aged about 50 years, d/o late Kh. Dhananjoy Singh. MC(RSA) No. 18 of 2022 v. Smt. Khumanthem Ningol Ibechaobi Devi, aged about 48 years, d/o late Kh. Dhananjoy Singh. vi. Smt. Khumanthem Ningol Kunjarani Devi, aged about 42 years, d/o late Kh. Dhananjoy Singh. vii. Smt. Khumanthem Ningol Ibema Devi, aged about 35 years, d/o late Kh. Dhananjoy Singh. All are residents of Lalambung Makhong Imphal & P.S. Haorongbam Leikai P.O. Lamphel, Imphal West District, Manipur.

Smt. Khumanthem Ongbi Devamanjuri @ Sanahanbi Devi, aged about 76 years, w/o late Kh. Somorendra Singh, by caste Hindu, a resident of Thangmeiband Polem Leikai, P.S. Imphal.

Shri Khumanthem Dipakumar Singh, aged about 60 years, s/o late Kh. Somorendra Singh, by caste Hindu, a resident of Thangmeiband Polem Leikai, P.S. Imphal.

Shri Khumanthem Sopon Singh, aged about 58 years, s/o late Kh. Somorendra Singh, by caste Hindu, a resident of Thangmeiband Polem Leikai, P.S. Imphal.

Shri Khumanthem Shanti Singh, aged about 55 years, s/o late Kh. Somorendra Singh, by caste Hindu, a resident of Thangmeiband Polem Leikai, P.S. Imphal.

Shri Khumanthem Robin Singh, aged about 55 years, s/o late Kh. Somorendra Singh, by caste Hindu, a resident of Thangmeiband Polem Leikai, P.S. Imphal.

Smt. Khumanthem Ongbi Bidhumukhi Devi, (Died represented by her LRs Defendant No. 17 to 22).

Smt. Khumanthem Ningol Thangjam Ongbi Omita Devi, aged about 44 Years, w/o Th. Iboyaima Singh, by caste Hindu, a resident of the same place.

Shri Khumanthem Asoda Singh, being deceased to be represented by his legal representatives. i. Smt. Khumanthem Ongbi Rita Devi, aged about 40 years, w/o (L) Kh. Asoda Singh. ii. Shri Khumanthem Anand Singh, aged about 14 years, s/o (L) Kh. Asoda Singh. iii. Km. Khumanthem Dipee Devi, aged about 18 years, d/o (L) Kh. Asoda Singh. MC(RSA) No. 18 of 2022 iv. Km. Khumanthem Mainu Devi, aged about 16 years, S/o (L) Kh. Asoda Singh. ...LRs No. (ii) to (iv) are minors represented by their mother LR No. (i) Smt. Rita Devi, all are residents of Thangmeiband Polem Leikai, Imphal, Manipur.

Smt. Khumanthem Ningol Narmada Devi, aged about 38 years, d/o late Kh. Ibotombi Singh, by caste Hindu, a resident of Elangbam Leikai, P.S. Imphal.

Km. Khumanthem Nandita Devi, aged about 33 years, d/o late Kh. Ibotombi Singh, by caste Hindu, a resident of Thangmeiband Polem Leikai, Imphal.

Smt. Khumanthem Ningol Sanjita Devi, aged about 31 years, d/o late Kh. Ibotombi Singh, by caste Hindu, a resident of the same place.

Shri. Khumanthem Boby Singh, aged about 28 years, s/o late Kh. Ibotombi Singh, by caste Hindu, a resident of the same place.

Smt. Khumanthem Ningol Khuraijam Ongbi Komola Devi, aged about 54 Years, w/o Kh. Narahari Singh, by caste Hindu, a resident of Thangmeiband Kabrabam Leikai, P.S. Imphal. (Died on 28/10/2013 represented by her LRs). i. Khuraijam (N) Ningthoujam (O) Thanil Leima, aged about 50 years, w/o late N. Surjit Singh, d/o late Komala Devi of Khoyathong Polem Leikai, Moirangpokpa Lai Manak, Imphal West. ii. Khuraijam Thangai Meitei, aged about 48 years. iii. Khuraijam Thaonglem Meitei, aged about 45 years. iv. Khuraijam Thagoksana Meitei, aged about 43 years. v. Khuraijam Thammi Meitel, aged about 40 years. vi. Khuraijam Thoungamba alias Thouba Meitei, aged about 38 years. vii. Khuraijam Thangaichan alias Chambi Meitei, aged about 35 years, Sl. Nos. (ii) to (vii) are sons of late Komala Leima and residents of Thangmeiband Kabrabam Leikai, Imphal West, Manipur. …Pro forma Respondents/Defendants MC(RSA) No. 18 of 2022 B E F O R E HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR For the applicants Date of order : : Mr. M. Devananda, Advocate 25-07-2022

O R D E R [1] By way of this miscellaneous case, filed under Section 5 of the Limitation Act, 1963, the appellants in the second appeal seek condonation of the delay of twenty nine days in impleading the legal representatives of deceased respondent No. 6 in the appeal. [2] [3] Heard Mr. M. Devananda, learned counsel for the applicants. Admittedly, respondent No. 6 died sometime in May, 2020. This miscellaneous case was filed only on 22-07-2022. No mention is made therein of the abatement of the appeal against deceased respondent No. 6, whose legal representatives are now sought to be brought on record. [4] It may be noted that Article 120 in the ‘Third Division’, pertaining to ‘Applications’, in the Schedule to the Limitation Act, 1963, states that steps should be taken to implead the legal representatives of a deceased plaintiff/appellant/defendant/respondent within ninety days from the date of death.

If no such steps are taken within the stipulated ninety days, the proceedings would abate as against that deceased party. Article 121 in the Schedule provides that steps should be taken to seek setting aside of such abatement within sixty days from the date of abatement. If no such steps are taken within the stipulated sixty days, delay would commence in that regard. MC(RSA) No. 18 of 2022 [5] In such a situation, a party who has allowed such delay to set in would need to file an application to condone the said delay in seeking the setting aside of the abatement, by way of a miscellaneous case. Another miscellaneous case would have to be filed to set aside the abatement and a third miscellaneous case would have to be filed to bring on record the legal representatives of the deceased party. [6] Once there is a delay in seeking the setting aside of the abatement, the question of again seeking condonation of delay in relation to impleading the legal representatives of the deceased party would not arise. [7] This being the proper procedure, the present miscellaneous case filed for condonation of delay in bringing the legal representatives of deceased respondent No.

6 on record, without addressing the issue of abatement cannot be accepted. [8] The miscellaneous case is, therefore, utterly misconceived and the same is accordingly dismissed, leaving it open to the applicants to file appropriate applications in accordance with law, as indicated supra. CHIEF JUSTICE Victoria FR/NFR MC(RSA) No. 18 of 2022