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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Tara Rava Son of Late Taw Rava – Appellant
Versus
Talok Byaling Son of Late Tade Byaling – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 3) |
| 2. petitioner's arguments on jurisdiction. (Para 4 , 5 , 6 , 8) |
| 3. respondent's objection to maintainability. (Para 9 , 10) |
| 4. legal precedents on jurisdictional issues. (Para 12 , 13 , 15 , 16) |
| 5. court's analysis on supervisory jurisdiction. (Para 17 , 18 , 19 , 20 , 21) |
| 6. final decision and dismissal of the petition. (Para 22) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
1. The present Civil Revision Petition under Article 227 of the Constitution of India has been filed by the petitioner, praying for quashing and setting aside the impugned judgment dated 07.02.2025, passed in Title Suit No.07/2023, and also the order dated 15.05.2023 passed by the learned Civil Judge (Senior Division), Daporijo, Upper Subansiri District, in Civil Appeal No.02/2023.
2. Heard Mr. T. Kipa, learned counsel for the petitioner. Also heard Mr. D. Soki, learned counsel for the sole respondent.
3. The case of the petitioner herein is that, against a Kebang decision dated 15.10.2019 a civil appeal 02/2023 was pending between the petitioner and the respondent before the Court of the Additional District Judge, Leparada District, Basar. The Appeal was remanded
The failure to object to a trial court's jurisdiction waives the right to contest such jurisdiction under Article 227 of the Constitution. Supervisory jurisdiction should be exercised sparingly and n....
Jurisdictional objections in civil suits must be raised promptly, and suits undervalued must be filed in the appropriate court as per statutory provisions.
The court established that jurisdictional objections must be raised promptly, and a suit undervalued must be filed in the appropriate lower court as per the Arunachal Pradesh Civil Court Act, 2021.
The power under Article 227 should be exercised sparingly and only in cases of grave dereliction of duty or miscarriage of justice.
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
Point of Law : The doctrine of precedent or Stare Decisis is a settled principle of law that a judgment, which has held the field for a long time, should not be unsettled. The doctrine of ' Stare Dec....
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