Smt. Lalthlamuani and 2 Ors. Vs Smt. Lalrinkimi — Gauhati HC (2026) — LawSathi Research

Smt. Lalthlamuani and 2 Ors. Vs Smt. Lalrinkimi — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The appeal was admitted at this stage; the Trial Court records in Probate Application No. 01 of 2025 were called for from the Civil Judge (Senior Division), Champhai; the matter was listed after four weeks; and the appellants' counsel was directed to serve extra copies of the memo of appeal on the respondents' counsel during the course of the day.

Issue for consideration

Whether the appeal under Section 17 of the Mizoram Civil Courts Act, 2005 read with Sections 96 and 151 CPC, 1908 against the impugned probate order should be admitted, given the appellants' contention that they were not made parties to the probate proceeding below.

Court's answer

Having heard learned counsel for the respective parties, the Court held that the appeal should be admitted at this stage, and accordingly admitted it, directing call for the Trial Court records in Probate Application No. 01 of 2025 and listing after four weeks.

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Anjan Moni Kalita) — RFA/4/2026, decided 18.06.2026. Regular First Appeal filed by Smt. Lalthlamuani and 2 Ors. under Section 17 of the Mizoram Civil Courts Act, 2005 read with Sections 96 and 151 of the Code of Civil Procedure, 1908 against the order dated 10.06.2025 passed by the learned Civil Judge (Senior Division), Champhai in Probate Application No. 01 of 2025. Counsel for the appellants submitted that the appellants were not made parties to the probate proceeding and were consequently not afforded an opportunity to place their case before the Court below. After hearing both sides (Mr. Jonathan Lalrintluanga for the appellants; Mr. C Lalfakzuala and Ms. H. Lalrosangi for the sole respondent, Smt. Lalrinkimi), the Court opined that the appeal should be admitted at this stage and accordingly admitted it, called for the Trial Court records, listed the matter after four weeks, and directed service of extra copies of the memo of appeal upon the respondents' counsel during the course of the day.

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GAHC030000742026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : RFA/4/2026

Smt. Lalthlamuani and 2 Ors.

D/o H. Lalkhawngaiha (L), R/o Vengthlang, Champhai, Mizoram 2: Smt. Lalromawii D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai

3: Smt. Biakhmingthangi D/o H. Lalkhawngaiha (L) R/o Vengthlang Champha

VERSUS

Smt. Lalrinkimi R/o New Champhai, Mizoram

Advocate for the Petitioner : Mr. Jonathan Lalrintluanga

Advocate for the Respondent : Mr. C Lalfakzuala

Linked Case : I.A.(Civil)/35/2026

Smt. Lalthlamuani and 2 Ors. D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai Mizoram

2: Smt. Lalromawii D/o H. Lalkhawngaiha (L)

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R/o Vengthlang Champhai 3: Smt. Biakhmingthangi D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai VERSUS

Smt. Lalrinkimi R/o New Champhai Mizoram

Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : Mr. C Lalfakzuala

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA JUDGMENT / ORDER

Date : 18.06.2026

Heard Mr. Jonathan Lalrintluanga, learned counsel for the appellants. Also heard Ms. H. Lalrosangi, learned counsel for the sole respondent.

This appeal has been filed under Section 17 of the Mizoram Civil Courts Act, 2005 read with Sections 96 and 151 of the Code of Civil Procedure, 1908, against the impugned order dated 10.06.2025 passed by the learned Civil Judge (Senior Division), Champhai in Probate Application No. 01 of 2025.

The learned counsel for the appellants submits that in the probate proceeding before the learned Civil Judge (Senior Division), the appellants have not been made as parties and, therefore, were not afforded an opportunity to place their case before the learned Court below in the said probate proceeding.

Having heard the learned counsel appearing for the respective parties, this

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Court is of the considered opinion that the appeal should be admitted at this stage.

Accordingly, the appeal is admitted.

Call for the Trial Court Records in connection with Probate Application No. 01 of 2025 from the Court of Civil Judge (Senior Division), Champhai.

List the matter after four weeks.

The learned counsel for the appellants shall serve the requisite extra copies of the memo. of appeal upon the learned counsel for the respondents during the course of the day.

JUDGE

Comparing Assistant