Civil courts have jurisdiction to try money suits, as customary courts lack the necessary legal mandate and expertise.

1. Heard Mr. Sentiyanger, learned counsel who appeared on behalf of the petitioner and also heard Mr. Elivil Zao, learned counsel who appeared on behalf of the respondent.

2. This is a civil reference arising out of Civil Appeal No.1 / 2015 pending before the learned Civil Judge (Senior Division), Kohima.

The brief facts which lead to the civil reference are briefly given hereinbelow;

The appellant / defendant in the said appeal pending before the learned Civil Judge (Senior Division), Kohima borrowed a sum of Rs. 3,55,000/- from the respondent / plaintiff in the year 2005 with interest @ 8% p.m. As claimed by the appellant, the said amount was fully paid back with the interest in the year 2006. But to his surprise on 25-11-2011, the respondent / plaintiff filed a Misc Case No. 19/2011 before the Dobashi Court, Kohima stating that though the appellant / defendant had paid back a sum of Rs. 2,10,000/- on three different occasions he was yet to pay back the balance amount, therefore, he was liable to repay the same. On 22-05-2013, the Dobashi Court, as claimed by the appellant, without taking any evidence passed an order dated 22-05-2013 which is given here below:

'On hearing the statement of both the parties the court observed that the statement of both the parties are contradicting to each other statement and as such without administering oath the instant case finds difficult to be disposed of. Therefore, the court on inquiry both the parties agreed to take oath, however since Mr. Neiphrelie had denied the agreement brought by Mr. S. D. Angami, Mr. Neiphrelie shall take oath by swearing his life. Annexure - A is a copy of the oath to be sworn. And if Mr. Neiphrelie fail to take oath he shall be liable to pay the loan principle amount of Rs. 3,55,000/- (rupees three lakhs fifty five thousand) along with the interest of 5% which shall be calculated from the date of loan agreement till date of filing this instant case to be paid to Mr. S. D. Angami.'

3. Being aggrieved, the appellant / defendant filed a Civil Appeal No. 4/2013, before the learned Civil Judge (Senior Division), Kohima and the learned Civil Judge on hearing both the parties disposed the appeal with the following order:

'7. After considering all the arguments and the records as placed before me, this court sees reason to doubt the justice of the decision rendered by the Dobashi's Court since no opportunity of calling of witnesses and examining the documents have been taken place. Therefore for a just decision of the case, the matter to be tried de novo.

8. With the above direction the present appeal to proceed for fresh trial. Parties to take steps accordingly.'

4. The respondent / plaintiff preferred an appeal against the above stated judgment and order of the learned Civil Judge (Senior Division), Kohima before the learned District Judge, Kohima. The same was registered as Civil Appeal No. 07/2014. The learned District Judge upheld the order dated 22-09-2014 of the learned Civil Judge (Senior Division), Kohima by his order passed on 02-06-2015. The order is reproduced hereinbelow:
'Both parties present through respective counsels. Heard and satisfied. The lower court has passed the order for De Novo trial at DB's Court by recording the witnesses and documents. The lower court order dated 22/09/2014 passed in the court of Civil Judge Sr. Division is uphold.'

5. Thereafter, the Dobashi Court, Kohima, passed the order dated 04-08-2015 wherein the appellant / defendant was directed to swear on 25-08-2015 failing which he was to pay a sum of Rs. 11,35,00/- to the respondent / defendant on or before 31-12-2015. It would be worthwhile to reproduce the translated order of Dobashi Court. Therefore, th