J U D G M E N T

Date : 08-12-2022 J U D G M E N T & O R D E R (CAV)

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 st Constable in the 1 IR Battalion, Mualvum. He had married the respondent no.1 on th

6 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 th in Form - I dt.16 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 im