The Supreme Court in the case Maringmei Acham vs M Maringmei Khuripou observed and has stated that the impleadment of legal representative(s) by an Appellate Court in an appeal from an interlocutory order will ensure towards the proceedings in the suit itself.
In the present case, an injunction suit has been filed by the plaintiff. The Trial Court dismissed his application seeking interim injunction. Thus, during the appeal, the plaintiff died and the Appellate Court allowed the application to bring on record the legal representative. Previously, the High Court in the impugned order, held that the suit was abated as a result of the death of the only plaintiff and the same is unsettled by bringing the legal representatives on record in the suit within time.
In an appeal, the bench comprising of Justice KM Joseph and Justice Hrishikesh Roy observed and has took note of the following observations made in the case Rangubai Kom Shankar Jagtap vs Sunderabai Bhratar Sakharam Jedhe.
The court observed that an appeal was filed against an interlocutory order made in a suit. The defendant died while the appeal was pending and his legal representatives were brought on record. Thus, the appeal was dismissed. The appeal made being a continuation or a stage of the suit, the order bringing the legal representatives on record would enure for the subsequent stages of the suit. The same would be in the appeal the trial court’s order was confirmed, reversed, or modified.
Therefore, the court stated that the the fact that in the suit, the legal representative was not substituted and the same would not result in abatement having regard to the declaration of the law which is made in this judgment.
While disposing of the appeal, the bench observed that the legal representative has been brought on record in appeal though from an interlocutory order, such impleadment will ensure towards the proceedings in the suit itself. Further, the court make it clear that the failure to get the appellant impleaded in the suit itself would not be fatal to the continued prosecution of the suit. Thus, the suit must be proceeded with and it cannot be extinguished by virtue of the abatement which the High Court attributes on account of the death of the sole plaintiff and is non impleadment in the suit filled of his legal representative.
