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1989 Supreme(SC) 500

S.NATARAJAN, S.RANGANATHAN
Changki Village Through Tinnunokcha Ao – Appellant
Versus
Tibungba Ao – Respondent


Advocates:
D.N.MUKHERJI, J.P.BHATTACHARJI, RANJAN MUKHERJEE, S.K.NANDY, Sanjay Parikh, SHANKAR GOPAL PAGIRE

Judgment

NATARAJAN, J.:- This appeal by special leave has been preferred against the dismissal of Civil Revision No. 10(H)/ 72 in a common judgment rendered by the Gauhati High Court in Civil Revisions Nos. 9(H)/72 and 10(H)/72. By two separate but concurring judgments, Baharul Islam, J., as he then was, and Bindra, J., dismissed both the civil revision petitions but with differing observations as to the procedure that should be followed by the Courts in Nagaland in dealing with cases before them. We are not now concerned with those matters.

2. Before we proceed to set out the details of the case and the decision rendered by the High Court, it is relevant to mention that the Civil Procedure Code and the Criminal Procedure Code do not govern the proceedings before the Civil and Criminal Courts in Nagaland and the proceedings are to be governed by Rule 30 of the Rules for the Administration of Justice and Police in the Nagaland Hills District. The Rules lay down that the spirit of the Civil Procedure Code and the Criminal Procedure Code should be followed in the disposal of civil and criminal cases. It has been held by this Court in State of Nagaland v. Ratan Singh, (1966) 3 SCR 830 th





























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