IMPORTANT POINT
In view of Rules 28 and 47 of the United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 provisions of CPC are not applicable to these areas, although spirit thereof applies.

JUDGMENT

R.F.Nariman, J.

Special leave granted.

2. The instant appeal by way of a Special Leave to Appeal has been filed against the judgment and final order dated April 27, 2012 passed by the High Court of Gauhati, Shillong Bench at Shillong in Civil Revision Petition No. 18 (SH) of 2010 filed by the Respondent.

3. The appeal arises out of an ex-parte ad-interim injunction passed by the Subordinate District Council Court in a suit instituted by the Respondent, which is registered as Title Suit No. 16 of 2009. On 30th September, 2009, an ad-interim ex-parte injunction was granted by the Subordinate District Council Court, in the following terms:

"On careful perusal of the same, I am satisfied that there is an urgency in the matter for restraining the opposite parties from entering into the suit land.

I am also satisfied that the petitioner shall suffer irreparable loss and injury if the ad-interim injunction is not granted as it can be evaluated from the materials available on the record, without giving into the merits of the case, hence the ad-interim injunction is granted as prayed for.

Therefore, the ad-interim injunction is granted to the petitioner whereby the opposite parties No.1-4 or their agents or any persons acting on their behalf or instruction from the opposite parties No. 1-4 are hereby restrained from entering or working in the suit land as per schedule mentioned in the plaint."

4. By an order dated 29th October, 2009, the District Council Court admitted an appeal against the said order and stayed it. By a further order dated 9th March, 2010, the ad-interim ex-parte injunction was set aside as the District Council Court allowed the appeal. A Civil Revision Petition was filed against the said order, and by the impugned order dated 27th April, 2012, the revision was allowed stating that since an appeal had been filed within 30 days of the ad-interim ex-parte order, it would not be maintainable under the Code of Civil Procedure and, therefore, the appellate order was set aside.

5. Learned counsel for the appellants argued that the Civil Procedure Code does not apply in these areas but only the spirit thereof applies. The appeal was very much maintainable as it was granted by Rule 28 of The United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953.

6. Learned counsel for the respondent, on the other hand, supported the judgment under appeal and stated that this Court's judgment in A. Venkatasubbiah Naidu v. S. Chellappan & Ors., (2000) 7 SCC 695 fully supported the case of the respondent inasmuch as an aggrieved party cannot approach the Appellate Court during the pendency of the application for vacation of a temporary injunction. An appeal can only be entertained under an extraordinary circumstance - namely, the failure or omission of the Subordinate Court to comply with the provisions of Order 39 Rule 3A. Further, the learned counsel relied upon the judgment in Innovative Pharma Surgicals v. Pigeon Medical Devices Pvt. Ltd. & Ors., AIR 2004 AP 310, stating the same thing.

7. The United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 (hereinafter referred to as "1953 Rules") have been made under Paragraph 4 of the Sixth Schedule to the Constitution of India. Rules 28, 29 and 47 are quoted hereinbelow, as they are applicable to the facts of this case:

"28. Appeal to District Council Court - An appeal shall lie to the District Council Court from the decisions of a Subordinate District Council Court in any case, Civil or Criminal. The District Council Court may hear the appeal itself or may endorse it for hearing to the Additional District Council Court:

Provided that when the District Council Court is not sitting by reason of its Presiding Officer being on leave or otherwise, the appeal shall lie to the Additional District Court.

Provided further that such appeals are, accompanied by a copy of the order appealed against and a clear statement of the ground of appeal, and