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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Som Kumar Subba – Appellant
Versus
Secretary, Urban Development Department – Respondent
| Table of Content |
|---|
| 1. factual history regarding land ownership, partition, and alleged state expropriation without due process. (Para 1 , 7 , 8) |
| 2. parties' contentions regarding cause of action, limitation periods, and applicability of specific limitation act provisions. (Para 2 , 3 , 4 , 5 , 6) |
| 3. standards for order vii rule 11 cpc dismissal and the requirement for due process in state land acquisition. (Para 9 , 10) |
| 4. allowance of appeal and restoration of suit for trial on merits. (Para 11 , 12 , 13 , 14 , 15) |
ORDER (ORAL)
Meenakshi Madan Rai, J.
1. By the impugned Order dated 30-08-2023, the Court of the Principal District Judge, Gangtok, Sikkim, in Title Suit No.10 of 2018 (Som Kumar Subba vs. The Secretary, Urban Development Department, Government of Sikkim and Others), non-suited the Plaintiff (Appellant herein), on a Petition filed by the Defendant No.1 (Respondent No.1 herein) under Order VII Rule 11(a) and 11(d) of the Code of Civil Procedure, 1908 (hereinafter, the “CPC”). In the impugned Order, the Trial Court went on to discuss the facts as disclosed in the Plaint and observed inter alia that though the Appellant would claim that the properties of Namphok (sic., Nampong) Blo
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