AIDAROS MULIEH Vs. IAHUNLANG DHAR
HIGH COURT OF MEGHALAYA
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H.S. Thangkhiew,J. -
(1.) Matter taken up via Video Conferencing.
(2.) Heard learned counsel for the petitioner, who submits that this application under Article 227 of the Constitution of India has been preferred against the order dated 23.07.2020, whereby the learned Additional Judge, Additional District Council Court, at Jowai had returned back a petition being No. T.C.A. (Title Civil Appeal) No. 1 of 2020, on the ground that the said Court could not take up the matter as one of the counsels at the trial stage was her brother. Learned counsel submits that instead of just recusing from the said matter, the learned Court below had instead returned the petition to the appellant who has been left remedy less to pursue the appeal. It is further submitted that in view of the impugned order, the appellant cannot even file an application for transfer of the case to another Court of competent jurisdiction.
(3.) The learned counsel submits that the order being patently irregular and illegal is liable to be interfered with by this Court in exercise of powers under Article 227 of the Constitution of India.;
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