Back
2022 Supreme(Gau) 1145
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNCHAL PRADESH) AIZAWL BENCH: AIZAWL
MARLI VANKUNG, J.
Smt. Ramliani M/o Jacob Zonunsanga (L) - Appellant
Versus
Smt. Lalthanzami Ex-wife of Jacob Zonunsanga (L) – Respondent
RFA No. 24 of 2020
Decided on : 08-12-2022
Advocate Appeared:
For the Appellant : Mr. Joseph LalchhanhimaRenthlei, Ms. Priscilla Lalnunpuii, Ms. Rosy Manlawmsangi, Mr. Samuel L. Pachuau, Ms. Mary Lalramngheti
For the Respondent:Mr. C. Lalfakzuala Ms. Mary Lalruatkimi Khiangte, Govt. Advocate Mr. J.H. Ramneihmawia
Headnote:
Code of Civil Procedure, 1908 – Order 41 – Section 96(2), 151, 98(2) – Central Civil Services (Pension) Rules, 1972 – Rule 50(6) – Indian Evidence Act, 1872 – Sections 61, 63(3), 74, 77, 79 – Mizoram Civil Court’s Act, 2005 – Section 17(2) (b) – An appeal may lie from an original decree passed ex parte – Contains all Enforced Central and State Acts linked with Subordinate Data like Rules,Regulations,Notifications,Orders,Circulars,Ordinances,Statutes – Decision where appeal heard by two or more Judges – This is an appeal under section of Mizoram Civil Court’s Act read with section of Code of Civil Procedure, Order of the Code of Civil Procedure and Section of Code of Civil Procedure against impugned Judgment & Order passed by he learned Senior Civil Judge, District in Declaratory Suit – Held, This court is also of considered view that this Declaratory suit can be effectively adjudicated without impleading Home Department and since involvement of DP&AR in the Declaratory suit is not found, it would have been more appropriate if they were dropped from being arrayed as a party – In view of above findings, this court finds no substantial grounds to set aside findings of Judgment & Order passed by learned Senior Civil Judge, District in Declaratory Suit – Accordingly dismissed.
JUDGMENT :
Heard Mr. Joseph Lalchhanhima Ralte, learned counsel for the appellant alongwith Mr. J.H. Ramneihmawia, learned counsel for the respondents.
2. This is an appeal under section 17(2) (b) of the Mizoram Civil Court’s Act, 2005 read with section 96 (2) of the Code of Civil Procedure, 1908, Order 41 of the Code of Civil Procedure and Section 151 of the Code of Civil Procedure against the impugned Judgment & Order dated 27.07.2020 passed by the learned Senior Civil Judge-III, Aizawl District, Aizawl in Declaratory Suit No. 13 of 2018.
3. Facts of the case in a nut shell is that the deceased Jacob Zonunsanga was a Constable in the 1st IR Battalion, Mualvum. He had married the respondent no.1 on 6th August, 2010 as per the Mizo Customs and Practices. Out of the said wedlock, they had begotten one son namely Lalbiakhlua, respondent No.2, Jacob Zonunsanga then passed away on 24.06.2017 and was survived by his wife respondent No.1 and his son respondent No.2 along with mother plaintiff/appellant No.1, his twin brother plaintiff/appellant No.2 and his nephew, plaintiff/appellant No.3. Respondents No. 4-6 are the proforma respondents being the State Government.
4. On 05.06.2017 the deceased Jacob Zonunsanga suffered from cancer and was admitted to ICU, New Life Hospital, Aizawl, where he died on 24.06.2017. On the death of Jacob Zonunsanga, the plaintiff/respondents produced the nominations of details of family, nomination for General Provident Retirement and Death Gratuity Fund alleged to be signed on 16.06.2017 by the deceased Jacob Zonunsanga while he was in the Intensive Care Unit, and State Government Employees Group Insurance Scheme signed on 5th February 2015 in favour of the plaintiff/respondent no.1. The plaintiff/respondents filed a declaratory suit registered as Declaratory Suit No.13 of 2018 before the Senior Special Judge, Aizawl District, Aizawl, to declare the newly made nomination documents dated 16.06.2017 valid and consequently to declare all the previous nominee documents in favour of the defendants/appellants as null and void. The plaintiff/respondent No.1 also produced the nomination dated 06.06.2011 with regards to State Government Employee Group Insurance Scheme, made in favour of defendant/appellant no.2, the nomination of appellant No.1 for benefit of General Provident Fund and nomination of appellant No.3 to receive the Retirement Gratuity, Death Gratuity.
5. The learned Senior Civil Judge had decided to proceed with the case ex parte when the appellant/defendants failed to file their written statements and in the absence of the appellants/defendants framed the following issues:
a) Whether the suit is maintainable?
b) Whether the nomination paper i.e. Form 3 (Details of Family) dt.16.6.2017 executed by the deceased Jacob Zonunsanga during his lifetime is proper and valid and the signature appended therein is the true and correct signature of the deceased?
c) Whether the nomination for Retirement Gratuity/Death Gratuity in Form -I dt.16th June, 2017 executed by the deceased Jacob Zonunsanga during his lifetime in favour of the plaintiff is valid?
d) Whether the nomination dt. 6th June, 2011 under the General Provident Fund executed by the deceased Jacob Zonunsanga in favour of the defendant no. 1 is null and void.
e) Whether the nomination of Form 7 for benefit under the State Government Employee Group Insurance Scheme, 1992 dt. 6th June, 2011 executed by the deceased Jacob Zonunsanga in favour of the defendant no.2 is null and void?
f) Whether the nomination in Form -1, Nomination for Retirement Gratuity/Death Gratuity dt.6th June, 2011 executed by the deceased Jacob Zonunsanga in favour of the defendant No. 3 is null and void?
g) Whether the plaintiffs are entitled to the reliefs claimed?
6. Thereafter, the learned trial court after taking evidence of the plaintiff, decided all the issues in favour of the plaintiff/respondent Nos. 1 & 2 and passed the impugned Judgment & Order dated 27.07.2020. The learned lower
