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2018 Supreme(Gau) 647

NELSON SAILO
S. Lianbuangi – Appellant
Versus
Lalmuankimi – Respondent


Advocates Appeared:
Mr. L.H. Lianhrima, Sr. Adv. Ms. H. Lalmalsawmi; Mr. C. Lalramzauva, Sr. Adv. Mr. A.R. Malhotra, Mr. K. Laldinliana, Mr. Zoramchhana, Mr. Z.D. Lalnunsanga, Mr. Rosangzuala Ralte, Govt. Adv

JUDGMENT & ORDER :

1. Heard Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. H. Lalmalsawmi for the appellant. Also heard Mr. C. Lalramzauva, the learned senior counsel assisted by Mr. Z.D. Lalnunsanga for the respondent No. 1. The respondent Nos. 2 to 5 are represented by Mr. Rosangzuala Ralte, the learned Govt. Advocate.

2. This appeal is directed against the Judgment & Order dated 12.08.2014 passed by the learned Senior Civil Judge, Lunglei District, Lunglei in Title Suit No. 12/2010 decreeing the suit in favor of the plaintiff. The present appellant was the defendant No. 5 before the learned Trial Court and being aggrieved with the Judgment & Order dated 12.08.2014, she has preferred the instant Regular First Appeal under the provisions of Section 17 (2) (b) of the Mizoram Civil Courts Act, 2005 (Civil Courts Act).

3. Mr. C. Lalramzauva, the learned senior counsel appearing for the respondent No. 1 at the outset, submits that in view of Section of 17 (2) (a) of the Civil Courts Act, the appeal should have been preferred by the appellant before the learned District Judge, Lunglei District, Lunglei.

4. Section 17 (2) (a) of the Civil Courts Act may be reproduced below f




















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