Manipur High Court
J. N. DATTA, J.
Haopha Tangkhul
Versus
Vakam
Civil Revn. No. 8 of 1956
Decided On : 25-11-1957
MANIPUR (COURTS) ACT, 1955 - S. 34 - MANIPUR STATE HILL PEOPLES (ADMINISTRATION) REGULATION, 1947 - S. 33 - MANIPUR STATE COURTS ACT, 1947 - S. 32 - MANIPUR (ADMINISTRATION) ORDER, 1949 - PARAS 4 AND 5 - EXTRA-PROVINCIAL JURISDICTION ACT, 1947 (XLVII OF 1947) - SS. 3 AND 4 - CONSTITUTION OF INDIA - ART. 227 - JURISDICTION OF COURTS - DELEGATION OF LEGISLATIVE POWER - NULLITY OF PROCEEDINGS - REVISION - INTERFERENCE BY HIGH COURT UNDER ART. 227.
Fact of the Case:
Petitioner filed a suit for Rs. 12/- on account of the price of a tree, which the opposite party was alleged to have felled and removed from the (Uyok) of the petitioner. The Sub-Divisional Officer, Ukhrul dismissed the claim. An appeal was preferred to the Deputy Commissioner as the Hill Bench, but he returned the memo of appeal on the ground that he had no jurisdiction to entertain the appeal.
Finding of the Court:
The Sub-Divisional Officer had absolutely no jurisdiction as he was not a properly constituted court under the law. The Deputy Commissioner as the Hill Bench also had no jurisdiction. The order, judgment, or decree of the S. D. O. is thus of no force and does not at all bind the parties.
Issues: Whether the Sub-Divisional Officer had jurisdiction to entertain the suit.
Ratio Decidendi: The Manipur State Hill Peoples (Administration) Regulation, 1947, which governed the administration of justice in the Hill area of Manipur, was in force at the relevant time. However, the Chief Commissioner's order constituting the Deputy Commissioner as the Hill Bench and himself as the Chief Court for the purposes of the Regulation was ultra vires and of no force. As a result, the Sub-Divisional Officer, who entertained the present suit, had absolutely no jurisdiction.
Final Decision: The judgment and decree of the S. D. O. were set aside, and the plaint was directed to be returned to the petitioner for presentation to the proper court for trial according to the law.
This petition for revision has been preferred under S. 34 of the Manipur (Courts) Act, 1955 and under Ss. 115 and 151 of the Civil Procedure Code, and is directed against the order dated 22-7-53, of the Sub-Divisional Officer, Ukhrul in C. S. No. 335 of 1952-53, whereby he dismissed petitioners claim which was for Rs. 12/- on account of the price of a tree, which the opposite party was alleged to have felled and removed from the (Uyok) of the petitioner.
An appeal was preferred to the Deputy Commissioner as the Hill Bench, but he returned the memo, of appeal by his order dated 22-11-56 on the ground that he had no jurisdiction to entertain the appeal, in view of the decision of this Court in Konsam Amujao Singh v. Paejathang Haokip, Writ Misc. Petn. No. 33 of 1953 D/-31-01-55 (reported in AIR 1955 Manipur 30) (A) whereby the order of the Chief Commissioner (Notification No. J/12/51/23, dated 23-5-1951) constituting the Deputy Commissioner as the Hill Bench and himself as the Chief Court for purposes of the Manipur State Hill Peoples Regulation, 1947 was pronounced to be ultra vires and of no force,
2. It might be stated at once, that there is nothing in the case, which would attract the provisions of S. 34 of the Manipur (Courts) Act, 1955. No important question of law or custom, requiring further consideration was involved in the suit, and as such the petitioner cannot invoke that section.
3 It is necessary to state before proceeding further, in brief, the history of the constitution of Courts in this territory at the relevant time. In 1947, that is, before Merger, the Maharaja passed an Act known as the Manipur State Courts Act, 1947, which laid down the Constitution of Courts, their powers, etc the highest court constituted being the Chief Court. As regards the Hill area of Manipur S. 32 provided that the administration of justice in the Hill Tracts shall be governed by the Manipur State Hill Peoples (Administration) Regulation, 1947, and it is this Regulation with the provisions of which we are here concerned, as the claim abovementioned arose from the Hill area.
4 By that Regulation Civil justice was to be administered in the Hill area, by the following courts:
5 It will be evident that the Chief Court then consisted of more than one Judge. In 1950 (January) The Central Government passed an order called the Manipur State Courts (Amendment) Order, 1950, whereby the Chief Court was converted into a Judicial Commissioners Court with a single Judge, namely, the Judicial Commissioner and all references to the Chief Court or Chief Judge in the Manipur State Courts Act, 1947 were to be read as referring respectively to the Court of Judicial Commissioner and Judicial Commissioner. Certain other and consequential amendments were also embodied with which we are not here concerned; but it is of some significance to note that S. 33 of the Manipur State Courts Act, 1947 which stood in these terms:
"33. For the exercise of the functions vested in it by the Manipur State Hill Peoples (Administration) Regulation, 1947, the Chief Court shall in all cases sit with two Assessors who shall be nominated for each particular case by the member of the Executive Council responsible for Hill Administration." was amended by substituting the words "Chief Commissioner in place of the words "member of the Executive Council responsible for Hill Administration", indicating clearly that there was no intention to do away with the Manipur State Hill Peoples (Administration) Regulation, 1947. That was also the position under the law, as would also be further clear from paragraph 5 of the Manipur (Administration) Order, 1949, reproduced below:
"5. Existing laws to continue: All laws in force in Manipur or any part thereof immediately before the commencement of this order shall continue in force until repealed or amended by a competent legislature or authority.
Provided that all powers exercisable under the said laws by His Highness the Maharaja or the Governmen
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