H. Baruah, J.

1. This second appeal under Section 100 of the Civil Procedure Code (for short the 'Code') is preferred against the judgment and order dated 31.3.2008 passed by District Judge, Aizawl District, Aizawl in RFA No. 10 of 2007. For the purpose of decision of this appeal the following substantial questions of law have been formulated by this Court after hearing the parties at length:

1. Whether the Civil Suit No. 20 of 2005 was adjudicated by a Court having no territorial jurisdiction.

2. Whether the suit was barred by limitation.

3. Whether the Executive Order dated 15.4.1997 canceling the land Donation Certificate could be held to be null and void by the First Appellant Court even though it was not challenged by the respondents.

4. Whether the Lai Autonomous District Council is a necessary party to the suit.

5. Whether the First Appellate Court was right in remanding back the suit to the trial Court in spite of its finding that the trial Court has to territorial jurisdiction.

2. To answer these above substantial questions of law it would perhaps be appropriate for this Court to make a survey of the facts briefly, which may be placed as under:

The appellant herein is the