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1970 Supreme(Gau) 8

R.S.BINDRA
Ningthoujam Ongbi Radhe Devi – Appellant
Versus
Laisram Ningol Ningthoujam Ongbi Leikho Devi – Respondent


Advocates:
Th. Priyananda Singh, for Petitioners; T.N. Bhattacharjee, for Respondent No. 1.

ORDER

N. Dhananjoy Singh, a person of unsound mind, filed Title Suit No. 194 of 1961 through his mother Leikho Devi as his next friend in the Court of the Munsiff, Manipur, against 11 persons on 23rd March 1961. Dhananjoy Singh having died on 13-8-1965, Leikho Devi made an application in the Court on 18-8-1965 intimating the factum of death and praying for adjournment of the suit to enable her to make an application for bringing the legal representatives of the deceased on the record. The Court granted the adjournment. It was on 3-3-1966 that Leikho Devi made an application praying that she be brought on the record as the sole legal representative of her son. That application was disposed of on 17-3-1966. The substance of the order made was that the plaintiff haying died about 8 months before the application was made on 3-3-1966, the suit had abated in terms of Order 22, Rule 3(2), of the Civil P. C.On 23rd of July 1966, Leikho Devi moved another application under O. 47, R. 1, S. 151 and O. 22, R. 9 of the Code, read with Section 5 of the Limitation Act, praying that the order dated 17-3-1966 should be quashed and she be substituted vice her son as plaintiff and permitted to procee












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