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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Ninnong Ratan, Son of Shri Martin Ratan – Appellant
Versus
Obi Pertin – Respondent
Key Points: - The Kebang's jurisdiction is invalid when matters are sub judice in a civil court, preventing overlapping decisions. (!) - The Kebang’s order dated 12.04.2023 was set aside due to lack of jurisdiction in view of the pendency of Title Suit No. 08/2023. (!) - The High Court interfered and set aside the Kebang’s order, directing that the civil suit proceed; the Title Suit No. 08/2023 may continue, and the Kebang decision shall not be implemented. (!) (!) (!) - Background facts show the title suit filed on 04.04.2023 and the Kebang decision on 12.04.2023, with overlap leading to invalidity of the Kebang order. (!) (!) - The Civil Judge (Senior Division), Pasighat, East Siang District, is to proceed with Title Suit No. 8/2023; the Kebang decision is set aside. (!) (!)
| Table of Content |
|---|
| 1. jurisdiction of kebang questioned due to pending civil suit. (Para 2 , 3 , 4 , 5) |
| 2. previous order to stay kebang decision until civil suit resolved. (Para 6 , 9) |
| 3. kebang decision deemed untenable as civil suit was pending. (Para 10 , 12) |
| 4. interference with kebang decision justified; title suit allowed to proceed. (Para 11 , 13 , 14) |
| 5. civil revision petition allowed; kebang decision set aside. (Para 15 , 16) |
JUDGMENT :
PRANJAL DAS, J.
Heard Mr. D. Panging, learned counsel for the petitioners.
2. This application has been filed under Article 227 of the Constitution of India for quashing and setting aside the impugned decision dated 12.04.2023 passed by the Monggu Banggo Kebang.
3. It is the case of the petitioners that the said subject matter adjudicated by Monggu Banggo Kebang is sub judice in Title Suit No. 08/2023, which is pending before the learned Civil Judge (Senior Division), East Siang District, Pasighat and order dated 06.04.2023 has been passed by the learned Civil Judge in the said Title Suit, issuing notice to the defendant. Being aggrieved, the petitioners have filed the present petition before this Court.
4. Two respondents have been impleaded in this
The jurisdiction of the Kebang is invalid when matters are sub judice in a civil court, prohibiting overlapping decisions that can lead to conflicting outcomes.
Non-consideration of significant grounds in a civil revision petition can constitute an error apparent on the face of the record, warranting a review of the earlier order.
The doctrine of Res Sub-Judice and the principle of natural justice, particularly the rule against bias, were central to the court's decision in setting aside the Kebang Notice and proceeding.
A revision under Article 227 does not lie against the refusal to condone delay in filing an appeal when no jurisdictional error is established; timely filing of appeals is essential.
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