Point of Law: Constitution of India, 1950 - Article 227 - Scope of Judicial review/Interference under Article 227 - High Court can interfere under Article 227 of Constitution in cases of erroneous assumption or acting beyond its jurisdiction, refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious exercise of authority or discretion, a patent error in procedure, arriving at a finding which is perverse or based on no material, or resulting in manifest injustice.

JUDGMENT :

The present Civil Revision petition is filed under Section 115 of the CPC 1908 read with Article 227 of the Constitution of India. The revision is against the Order dated 19.10.2020 passed by the Civil Judge (Senior Division), Dimapur, Nagaland in I.A. No. 93/2020 arising out of Civil Suit No.6/2020 and also against the order dated 16.12.2020 passed by the learned District & Sessions Judge in Civil Appeal 3/2020.

2. The facts of the matter in brief is that the Naga Council Dimapur which is composed of 19 (nineteen) tribal bodies represented by two members each from each tribe composes the Council. The term of the Naga Council, Dimapur was to expire by March 2020. However, it is alleged that the outgoing members of the Naga Council by a resolution purported to have been attended by 38 members from different tribes had resolved to extend their tenure for a specific period for resolving the issue of unfinished work concerning the Naga Cemetery. The same was protested and objected to by a group of Naga Councils Members. However, the petitioners’ group continue to function. The respondents herein filed the Civil Suit nomenclatured as 6/2020 in the Court of the learned Civil Judge (Senior Division), Dimapur. An I.A. Petition, numbered as 75/2020 was also filed for restraining the present revisionist from selecting, electing, nominating any office bearers till next returnable date. The learned Civil Judge (Senior Division), Dimapur Vide order dated 9.7.2020 passed an ex-parte interim order restraining the present revisionist from exercising any steps of nominating and electing office bearers till the next returnable date i.e. 13.08.2020. The revisionist raised objections on the ground that provisions of order 39 Rule 3(b). Learned Civil Judge (Senior Division), Dimapur, on consideration of the matter, vacated the ex-parte ad interim injunction on 13.8.2020. While the injunction remain vacated the present revisionist selected office bearers and started functioning the office of the Naga Council Dimapur. It is asserted that the same was exercised under the provisions of the constitution of the Naga Council which is contained under Article 8. Subsequently, the respondents herein filed another I.A.(Civil) 93/2020 praying for annulment and to put in abeyance the installation, induction of new office bearers Naga Councils Dimapur. The I.A. also contains various prayers which is not useful for our purpose. By an order dated 19.10.2020, the I.A. petition was disposed off restraining the newly appointed executive Naga Council not to function as office executive/ office bearers. The order was challenged before the learned District & Sessions Judge, Dimapur, Nagaland in Misc Appeal 3/2020. The impugned order was challenged under order 43 Rule 1 read with Sec 104 of the CPC. The main grounds taken by the revisionist in the Court of Principal District & Sessions Judge was that the respondents had not moved the Court of the learned Civil Judge (Senior Division), Dimapur in the appropriate Section of Law and that the learned Civil Judge (Senior Division) had exercised powers under Section 151 of the CPC exercising inherent power of the Court. This is not permissible as there are provisions under the CPC to grant injunctions. The learned Principal District & Sessions Judge, Dimapur on hearing the appeal dismissed the appeal by the impugned order dated 16.12.2020. It is against these two orders dated 16.12.2020, passed the learned District & Sessions Judge in Civil 3/2020 and the order dated 19.10.2020, passed by the learned Civil Judge (Senior Division), Dimapur in I.A. No. 93/2020 which is put to challenge in the Revision Petition.

3. Learned Counsel for the revisionist, Mr. P. B. Paul submits that both the two impugned orders suffers from the infirmity for non-compliance of the procedural Law. The exercise of powers under Section 151 CPC is sparingly used by the Courts when there is no provision under the CPC to adjudicate upon the matters