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2022 Supreme(Gau) 704

IN THE HIGH COURT OF GAUHATI, (KOHIMA BENCH)
Arun Dev Choudhury, J.
Kevizathi Sesa - Appellant
Versus
The State of Nagaland and Ors. - Respondents
C. REVN No.5 Of 2020
Decided On : 08-04-2022

Advocates Appeared:
For the Appellant :Limawapang, Advocate.
For the Respondents:Kekhriengulie, Learned Additional Advocate General, Meayanger Imchen, Sr. GA, Khrieketounuo Metha and Kekhrieleu Meshu, Advocates

Headnote:

Constitution of India,1950 - Article 234,235,236,237,309,371A - Code of Civil Procedure - Section 96, Order 41 Rule 1 - Schedule District Act, 1874 - Section 5 and 5A - Village Council Act, 1978 - section 14 - Presidency Small Courts Act, 1882 - Nagaland Act, 1962 - Civil Courts Act, 1887 - Rules of Administration of Justice and Police in Nagaland, 1937 - Rule 1(a),1(b),23,31 - Nagaland Judicial Service Rule, 2006 - Rule 5(a) - Recruitment of persons other than district judges to the judicial service Appointment of persons - Control over subordinate courts - Interpretation In this Chapter - Appeal from original decree - Deputy Commissioner - Administration of Civil Justice in the State of Nagaland is entrusted to the Deputy Commissioner - Court has no jurisdiction to entertain the appeal - at the time of commencement - Whether Principal District and Sessions Judge is empowered and/or conferred jurisdiction to entertain an appeal under Rule 31 of the Rules, 1937, the following background facts of separation of judiciary from executive in State of Nagaland is necessary – Held, Thus it is apparent that two parallel courts are functioning and are permitted in the State of Nagaland, one the Customary Courts manned by Executives and other village authorities having jurisdiction as provided under the provision of Rules, 1937, by following the procedure laid down in the said Rules, 1937 - The other courts are General Courts created by virtue of Civil Courts Act, 1887, Cr.P.C. and CPC and manned by the Members of the Judicial Service under Nagaland Judicial Service Act, 2006 – Order accordingly.

JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. Limawapang, learned counsel for the petitioner. Also heard Mr. Kekhriengulie, learned Additional Advocate General for the State of Nagaland and Ms. Khrieketounuo Metha and Ms. Kekhrielue Meshu, learned counsels for the private respondents.

2. This civil revision petition is filed challenging the impugned order dated 01.10.2020 passed by the learned Principal District and Sessions Judge, Kohima, Nagaland in IA No. 53, 54 and 55 of 2020 arising out of First Appeal No. 03 of 2020, whereby the learned Principal District and Sessions Judge, Kohima, Nagaland rejected the said First Appeal No. 03 of 2020 on the ground that the learned Principal District and Sessions Judge lacks jurisdiction to adjudicate the issues involved in the said first appeal.

3. Some disputes between the present petitioner and the respondent No. 4 arose out of a contract executed between them on 13.03.2017. Such disputes were taken to the Village Council, Sohima for adjudication by the respondent No. 4. The Village Council, Sohima heard the matter, and after deliberation and cross-examination of the parties, vide judgment dated 11.05.2019 directed the petitioner to pay the respondent No. 4 contract commission @ 8% of the actual work done, amounting to Rs. 48,82,320/- within a period of three months.

Being aggrieved by such judgment, the petitioner submitted a representation dated 25.02.2020 before the Village Council, Sohima seeking review of the decision dated 11.05.2019 on the ground that the said decision was faulty and legally erroneous.

On the basis of the aforesaid decision dated 11.05.2019, the Village Council, Sohima has in the meantime descended the private property of the petitioner and carried out measurement of the same. Accordingly, the petitioner requested the Village Council, Sohima to re-hear the parties and in the meantime to direct the respondent No. 4 not to interfere with the physical enjoyment and possession of the property of the petitioner.

Subsequently, a review meeting was held on 11.07.2020. In the said meeting, according to the petitioner, the Village Council, Sohima verbally reaffirmed its earlier decision. Thereafter, in terms of the said verbal decision the respondent Nos. 4 and 5 compelled the petitioner to indicate and demarcate a suitable property for the purpose of mortgaging the same in favour of the respondent No. 4. According to the present petitioner, a plot of land situated at Chimukadima Town, Dimapur belonging to the father of the petitioner was indicated by the petitioner.

4. Thereafter, the petitioner approached the Civil Judge, Senior Division, Dimapur, Nagaland by filing Civil Suit No. 7/2020 against the impugned decision dated 11.05.2019 and the verbal decision dated 11.07.2020 passed by the Village Council, Sohima. Subsequently, same was withdrawn with a liberty to file a fresh suit. Thereafter, the petitioner approached the Principal District and Sessions Judge, Dimapur, Nagaland under the provision of Section 96 and Order 41 Rule 1 of the Code of Civil Procedure, 1908 read with Rule 31 of the Rules of Administration of Justice and Police in Nagaland, 1937 assailing the judgment dated 11.05.2019 and verbal decision dated 11.07.2020 passed by the Village Council, Sohima.

5. The basic ground of the petitioner before the Principal District and Sessions Judge, Dimapur was that in view of the deletion of section 14 of the Village Council Act, 1978, the Village Councils are no more empowered to entertain and settle disputes or to administer justice. Thus, by the said appeal, the jurisdiction of the Sohima Village Council was challenged. Along with the said petition, the petitioner preferred IA Nos. 53, 54 and 55 of 2020 praying for condonation of delay, exemption from service of notice to the State respondent to institute the said suit and for suspension of the judgment impugned in

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