High Court of Meghalaya
Thrimson Marbaniang vs . Collector, Ri-Bhoi District, ... on 13 October, 2022
Serial No. 07
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
MC(FA) No. 5 of 2022 with
MC(FA) No. 6 of 2022
MC(FA) No. 7 of 2022
MC(FA) No. 8 of 2022
MC(FA) No. 9 of 2022
MC(FA) No. 10 of 2022
MC(FA) No. 11 of 2022
MC(FA) No. 12 of 2022
MC(FA) No. 13 of 2022
MC(FA) No. 14 of 2022
MC(FA) No. 15 of 2022
MC(FA) No. 19 of 2022
In FA No. 1 of 2022 Date of Order: 13.10.2022
Thrimson Marbaniang Vs. Collector, Ri-Bhoi District, Nongpoh
Aibiroi Lamare Vs. Collector, Ri-Bhoi District, Nongpoh
Ebrian Syiemlieh Vs. Collector, Ri-Bhoi District, Nongpoh
Evaniarlyne Giri Vs. Collector, Ri-Bhoi District, Nongpoh
Hiarmonlang Nongrum Vs. Collector, Ri-Bhoi District, Nongpoh
Meranisha Sten Vs. Collector, Ri-Bhoi District, Nongpoh
Santimon Sohsten Vs. Collector, Ri-Bhoi District, Nongpoh
Kashrar Kharthangmaw Vs. Collector, Ri-Bhoi District, Nongpoh
Mardis Lyngdoh Vs. Collector, Ri-Bhoi District, Nongpoh
Annebolyne Dohtdong Vs. Collector, Ri-Bhoi District, Nongpoh
Teidalin Khyreimmujat Vs. Collector, Ri-Bhoi District, Nongpoh
Trasibon Kharkongor Vs. Collector, Ri-Bhoi District, Nongpoh
1
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. V.K. Jindal, Sr. Adv. with
Mr. V. Kumar, Adv.
For the Respondent(s) : Mr. S. Sen, Sr. GA with
Ms. R. Colney, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. As these applications involve the identical issue of substitution,
the same are being disposed of by this common order. However, the list
of the deceased appellants, date of the demise, and the names of persons
sought to be substituted in their place, for convenience, is illustrated in
the table below.
Sl. No. CASE NO NAME OF THE NAME OF THE DATE OF
APPLICANT & DECEASED DEATH
RELATIONSHIP
WITH
DECEASED
1. M.C. no. 5 of 2022 in Shri. Thrimson (L)Joseph Marbaniang 27/05/2020
F.A. no. 1 of 2022 Marbaniang (Son
(Respondent no. 6) of the Deceased)
2. M.C. no. 6 of 2022 in Shri. Aibiroi (L) Binson Susngi 22/05/2020
F.A. no. 1 of 2022 Lamare (Son of
(Respondent no. 5) the Deceased)
3. M.C. no. 7 of 2022 in Smt. Ebrian (L) Kril Syiemlieh 14/05/2020
F.A. no. 1 of 2022 Syiemlieh
(Respondent no. 52)
(Daughter of the
Deceased)
4. M.C. no. 8 of 2022 in Smt. E. Giri (L)Kyntiew Massar 04/06/2020
F.A. no. 1 of 2022 Massar (Sister
(Respondent no. 28) of the
Deceased)
5. M.C. no. 9 of 2022 in Smt. (L) Onder Myrboh 18/12/2020
F.A. no. 1 of 2022 Hiarmonlang
(Respondent no. 51) Nongrum
(Daughter of the
Deceased)
6. M.C. no. 10 of 2022 in Smt. Meranisha (L)Shontimai 07/06/2020
F.A. no. 1 of 2022 Sten Sohsten
(Respondent no. 26)
7. M.C. no. 11 of 2022 in Smt. Santimon (L) Lina Sohsten 29/04/2020
F.A. no. 1 of 2022 Sohsten
(Respondent no. 18)
8. M.C. no. 12 of 2022 in Smt. Kashrar (L)Phian 10/01/2020
F.A. no. 1 of 2022 Kharthangmaw Kharthangmaw
(Respondent no. 48) (Daughter of the
Deceased)
9. M.C. no. 13 of 2022 in Smt. Mardis (L) Ibon Lyngdoh 13/10/2020
F.A. no. 1 of 2022 Lyngdoh
(Respondent no. 53) (Daughter of the
Deceased)
10. M.C. no. 14 of 2022 in Smt. (L)Soridian 01/08/2005
F.A. no. 1 of 2022 Annebolyne Dohtdong
(Respondent no. 14) Dohtdong
(Grand daughter
of the
Deceased)
11. M.C. no. 15 of 2022 in Smt. Teidalin (L)Mebeldalis 04/07/2020
F.A. no. 1 of 2022 Khyriemmujat Khyriemmujat
(Respondent no. 54) (Daughter of the
Deceased)
12. M.C. no. 19 of 2022 in Smt. Trasibon (L)Skerina 12/05/2020
F.A. no. 1 of 2022 Kharkongor Kharkongor
(Respondent no. 31)
(Daughter of the
Deceased)
2. It is noted that, in the application for substitution, the Death
Certificate of the deceased appellants, has been issued by the Headman
of the concerned village, and is not a certificate under The Registration
of Births and Deaths Act, 1969. It has been submitted by the learned
senior counsel on behalf of the applicant that though the Headman, is not
the competent authority to issue such certificates, in the villages he is the
only reliable authority available in such matters.
3. It is correct that, in the event of death in remote villages, the
residents do not get the same registered before the authorities as they
deem it to be unnecessary. However, in such matters, such as the instant
case, which involves a money decree which has to be executed by the
legal heirs of the deceased appellants, a proper Death Certificate issued
by the competent authority, be it from the village Public Health Centre,
or a Municipality is an absolute prerequisite for allowing substitution.
4. However, as the instant matters, have been pending for some
time and more time, will be taken to obtain the Death Certificates from
the competent authority by the applicants, it would be in the interest of
justice, to provisionally allow the substitution of the applicants herein.
However, the same shall be subject to the condition that in the execution
of the money decree, the decretal amount shall not be released by the
Special Judicial Officer, Ri-Bhoi, Nongpoh, to the applicants, until they
produce a Death Certificate issued by a competent authority, under The
Registration of Births and Deaths Act, 1969. It is expected the applicants
furnish the Death Certificates at the earliest preferably within a month
from the date of this order before the Court of the Special Judicial Officer,
Ri-Bhoi, Nongpoh for necessary orders to complete the substitution
formalities.
5. These applications stand allowed to the extent indicated above,
and are accordingly disposed of.
Judge
Meghalaya
13.10.2022
"D.Thabah-PS"
