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2013 Supreme(Gau) 739

T.NANDA KUMAR SINGH
Saljing A. Sangma and Another – Appellant
Versus
Bilmoni A. Sangma – Respondent


Advocates:
A.H. Hazarika, for the Appellant; K.S. Kynjing and Mr. H. Kharmih, for the Respondent

T. Nandakumar Singh, J.—This revision petition is directed against the judgment and order of the Judge, District Council Court, Garo Hills Autonomous District Council (for short "GHADC"), Tura dated 04.09.2012 passed in Misc. Appeal No. 4/2011, wherein and where-under, the learned District Council Judge dismissed the appeal without any reason. Heard Mr. AH Hazarika, learned counsel for the petitioners and Mr. KS Kynjing, learned Sr. counsel assisted by Mr. H Kharmih, learned counsel for the respondents.

2. This case has a chequered history and started from the village court of the GHADC. The Garo Hills Autonomous District (Administration of Justice) Rules, 1953 extend to the whole of GHADC. Rule 6 of Rules, 1953 provides the constitution of the Village courts within the areas of the GHADC. Under Rule 5, there are three classes of courts i.e.: (i) Village Courts; (ii) Subordinate District Council Courts; and (iii) District Council Court. Under Rule 30, appeal shall lie from the decision of the Subordinate District Council Court to the District Council Court.

3. Rule 48 provides that the applicability of the CPC (for short "CPC") in the civil cases before the District Council Court, Su







































































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