JUDGMENT :

Heard Lalawmpuii Fanai, learned counsel for the appellant, Ms. Zairemsangpuii, learned CGC for the respondent Union of India and Ms. Linda L. Fambawl, learned Government Advocate for the State respondents.

2. The appellant has filed the instant appeal under Section 97 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC) against the Order dated 21.03.2017 passed by the learned Senior Civil Judge, Aizawl in Civil Suit No. 2/2013 dismissing the suit on the ground of delay.

3. Be it stated herein that the original appellant was also the plaintiff before the learned Trial Court. During the pendency of the instant appeal, he expired on 16.01.2021 and therefore, an application for his substitution was filed by his son Sh. Lalnuntluanga through I.A(C) No. 73/2021 and the same was allowed vide Order dated 27.10.2021. Therefore, the present appellant is the son of the original appellant and will be referred to as the appellant.

4. Brief facts of the case is that the father of the appellant was issued House Pass No. 167/1965 by the Village Council of Zemabawk on 12.03.1965. He was looking after his plot of land by erecting structures, etc., until the Indian Army came to forcefully occupy his land during the disturbances in Mizoram in the year 1966. The House Pass was subsequently converted into a Land Settlement Certificate i.e., LSC No. AZL 4081/1986. The Armed Forces according to the appellant continued to occupy his land since 1966 without paying any rental compensation and therefore, the appellant served a notice to the respondent Union of India under Section 80 CPC on 04.04.2011. As there was no response to the notice, the appellant filed Civil Suit No. 2/2013 on 21.01.2013.

5. Against the Civil Suit, the Union of India as defendant Nos. 1 to 4 filed their written statements raising preliminary objections as well as objections on merit. They denied that the land of the appellant was under their occupation. They further contended that during the year 1992-1993, a joint survey was carried out to ascertain the actual area of occupation of land by the Army and on the basis of the joint verification, rental compensation for an amount of Rs. 5,19,63,771/-was sanctioned by the Ministry of Defence, Govt. of India and the same was paid to the Revenue Department, Govt. of Mizoram, for disbursement to the actual land owners towards rental compensation for the period from 01.09.1986 to 31.12.1997. Thereafter, for the period from 01.01.1998 to 31.12.2005, an amount of Rs. 8,86,64,648/-was sanctioned and paid to the Revenue Department for disbursement to the actual land owners towards rental compensation and likewise, a sum of Rs. 1,98,30,370/-was sanctioned and paid for the period w.e.f. 01.01.2006 to 31.12.2007. Therefore, they contended that there was no basis on the claim made in the Civil Suit and the same should be dismissed.

6. During the pendency of the civil suit, the learned Trial Court on 19.01.2015 directed the District Collector, Aizawl, who was arrayed as defendant No. 5 in the Civil Suit to conduct a joint verification on the disputed land. Accordingly, a joint verification was conducted on 16.02.2015 and the report was submitted before the Court on 23.04.2015 and the parties were given a copy of the same.

7. Thereafter, the appellant submitted an application for impleading the Revenue Department, Govt. of Mizoram as a party defendant in the Suit and the learned Trial Court vide Order dated 19.11.2015 allowed the application and directed the appellant to file a recast/amended plaint. The appellant, accordingly, filed the recast plaint by impleading the Secretary to the Govt. of Mizoram, Land Revenue & Settlement Department and Director of the same Department as defendant Nos. 6 & 7.

8. Against the recast plaint, the newly impleaded defendant Nos. 6 & 7 i.e., the Revenue Department submitted their written statement raising preliminary objection that the Suit was barred by time amongst others and further made objections on m