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 for ready perusal:-

"(2) Appeals from the decrees and orders passed by a Court of Senior Civil Judge in original suits and proceedings of civil nature, shall when such appeals are allowed by law, lie-

(a) to the Court of the District Judge of that district when the amount or value of the subject matter of the original suit or proceedings is less than 5 lakhs of rupees or such other sum as the High Court may, from time to time, specify."

5. Mr. C. Lalramzauva, the learned senior counsel submits that the value of the suit was declared to be 2 lakhs before the learned Trial Court and therefore, an appeal lies before the learned District Judge, Lunglei District, Lunglei in terms of the aforesaid provisions of the Civil Courts Act. He therefore submits that on this ground, an appeal may not be entertained by this Court and the appellant be directed to file an appeal before the learned District Judge concerned.

6. Mr. L.H. Lianhrima, the learned senior counsel for the appellant on the other hand submits that the title suit should have been filed before the Civil Judge having jurisdiction, inasmuch as, the suit was valued at Rs. 2 lakhs only. In this connection, he has drawn the attention of this Court to Section 15 of the Mizoram Civil Courts Act, wherein it is provided that the Court of Civil Judge shall have pecuniary jurisdiction when the value of the subject matter does not exceed Rs. 2 lakhs.

7. Section 15 of the Civil Courts Act may be reproduced below for ready perusal:-

"15. Jurisdiction of a Court of Civil Judge- The jurisdiction of a Court of Civil Judge shall extend to all original suits and proceedings of a civil nature, not otherwise excluded from the jurisdiction of a court of Civil Judge by any law, the value of the subject matter of which does not exceed 2 lakh rupees or such other sum as the High Court may, from time to time specify."

8. Mr. L.H. Lianhrima therefore submits that the title suit otherwise having been entertained and decided by the learned Senior Civil Judge without jurisdiction, the impugned Judgment & Order is only a nullity and therefore, the title suit should be decided afresh by the Competent Civil Judge having jurisdiction over the matter. For that purpose, this Court may either remand the case to the Civil Judge of Lunglei District having jurisdiction or may direct the respondent No. 1 to file a fresh suit before the Civil Court concerned after the Judgment & Order dated 12.08.2014 passed by the learned Senior Civil Judge, Lunglei District, Lunglei is set aside by this Court.

9. The learned senior counsels in support of their respective submissions have relied upon the following decisions:-

(i) Umadutt Jhunjhunwala Vs. Suraj KR. Longani, 2005 (4) GLT 102, (ii) Harshad Chiman Lal Modi Vs. DLF Universal Ltd. & Anr., (2005) 7 SCC 7