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2022 Supreme(Megh) 18

SANJIB BANERJEE, W. DIENGDOH
Dorbar Shnong Lapangap – Appellant
Versus
Dorbar Shnong Lumlakhiat – Respondent


Advocates appeared:
Mr. Philemon Nongbri, Advocate., for the Petitioner; Mr. C.C.T. Sangma, Advocate., for the Respondent Nos. 1 & 2; Mr. K. Khan, Sr.GA with Mr. A. Kharwanlang, GA., for the Respondent No. 3; Mr. V.G.K. Kynta, Sr.Adv with Ms. C. Nongkhlaw, Advocate., for the Respondent No. 4; Dr. N. Mozika, Sr.Adv with Ms. A. Pradhan, Advocate., for the Respondent No. 5; Mr. S. Deb, Advocate., for the Respondent No. 6

JUDGMENT

Sanjib Banerjee; CJ. - The present civil reference has been made by the District Council Court in Jowai in Civil Appeal No.2 of 2015 pending before such court.

2. The exact question that has been framed in the reference of May 31, 2018 by the relevant District Council Court is as follows:

    'Whether the Dorbar Shnong (Village Dorbar) is a tribal or nontribal?'

    3. The relevant appeal before the District Council Court arose out of a suit filed by the petitioner Dorbar Shnong herein against another Dorbar Shnong, being the first respondent herein. Both the Dorbar Shnongs were sued by or through their respective headman and secretary. Such suit was filed before the Subordinate District Council Court. Quite naturally, the petitioner in the present reference submits that the machinery of the District Council Courts, including its subordinate forum, is empowered in view of the Sixth Schedule to the Constitution to take up adjudication of disputes between one Dorbar Shnong and another.

    4. The basis of the petitioner's submission is that since a Dorbar Shnong is a representative body of members all of whom are tribals, a Dorbar Shnong should also be regarded as a tribal. In other words, t

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