1. This is an application under Rule 32 of the Rules for the Administration of Justice & Police in Nagaland read with Article 227 of the Constitution of India praying for setting aside the order dated 16.08.2008, passed by the learned Civil Judge (Senior Division), Dimapur, in Civil Suit No. 12/2002, and the judgment and order passed by the learned Addl. District Judge, Dimapur, dated 16.06.2011, passed in F.A No.3/2009.

2. The brief facts of the case are as follows;

The petitioner filed a suit before the Additional Deputy Commissioner (Judicial) Dimapur, praying for declaration of Sale Deed, dated 28.03.2001, purportedly executed by the deceased respondent No.1/defendant No.1, in favour of the respondent No.2/.defendant No.2 in respect of the suit land as null and void, and for a declaration that the defendant No.1 had no valid title to sale the suit land to the defendant No.2 and also to declare him as rightful owner of the suit land. The suit was registered as Civil Suit No. 12/2002, in the court of Additional Deputy Commissioner (Judicial), Dimapur. Thereafter, the suit was transferred to the court of learned Civil Judge (Senior Division), Dimapur.

While the suit was pending the respondent No.2/defendant No.2 brought to the notice of the court that the respondent No.1/defendant No.1 has died and prayed for substitution of his name by the name of G.B-cum-Chairman of the Village. The same was objected by the petitioners stating that the respondent No.1/defendant No.1 should be substituted by his legal heirs. The court accordingly, rejected the prayer of the respondent No.2/defendant No.2 vide order passed on 24.04.2004. And while the case was pending as such, the respondent No.2/defendant No.2 filed an application praying for dismissal of the suit on the ground that the same was abated due to the death of the defendant No.1. The same was registered as Civil Misc Case No. 4/2008. The learned Civil Judge vide his order dated 16.12.2008, passed in said Civil Misc Case allowed the prayer of the respondent No.2/defendant No.2 and dismissed the suit as abated.

Aggrieved, the petitioners filed an appeal before the learned Addl. District Judge, Dimapur and the same was registered as F.A No. 3/2009. The learned Addl. District Judge upheld the order of the learned Civil Judge (Senior Division), vide his order dated 16.06.2011, passed in the F.A No. 3/2009. The operative portion of the judgment of the learned Addl. District Judge are given here below;-

“Upon considering the submissions made by the learned counsels for the parties and on perusal of records, it is observed that the appellants/plaintiffs had taken shelter of Order 39 Rule 1 RW Section 151 of CPC while filing Misc Case No. 44/03 in the Civil Suit praying for injunction, wherein the learned Court below vide order dated 22/01/04 had granted the benefit to maintain status quo over the suit land. The record also speaks that the appellant had filed a petition under Order 6 Rule 17 of the Civil Procedure Code 1908, praying for amendment of the plaint which was allowed vide order dated 14/10/03, as such the contention of the appellants under reference made in AIR 1990 SC 73 that the Civil Procedure Code is not applicable in the instant appeal is misplaced and not tenable. Moreover, the fact that the CPC is not applicable in the State of Nagaland. Where the Rules for Administration of Justice and Police in Nagaland Act, 1937 is silent and an issued of law is placed before the Civil Courts, such issues can only be resolved by taking recourse to adopting the provisions of the CPC which is applicable in spirit in the State. Civil Courts in the State cannot have important issues of law unsolved on the ground that the Rules for Administration of Justice and Police in Nagaland Act, 1937 is silent and CPC is not applicable in the State. Therefore, taking recourse to the provisions of the CPC which is applicable in the State in spirit will be in the interest of justice. If su