SHELLA VILLAGE DORBAR Vs. WALLAMPHRANG
HIGH COURT OF MEGHALAYA
Shella Village Dorbar
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(1.) HEARD Mr. K Paul, learned
counsel appearing for the petitioner and Mr.
HS Thangkhiew, learned senior counsel assisted by Mr. L Khyriem, learned counsel appearing for the respondent.
(2.) IN this judgment and order proposing to pass, this Court is not making any observations regarding the merit of the case. What
the Court is deciding in the present revision
petition are (i) the revision against the judgment and order passed by the Presiding Officer of the Subordinate District Council
Court, Shillong which is an appealable is the
proper forum or not and (ii) also shall the
Court invoke the jurisdiction under Rule 6
of the Assam High Court (Jurisdiction Over
District Council Courts) Order, 1954 for revising the order passed by the Presiding Officer of the Subordinate District Council
Court, in case the order is appealable?
For deciding the point No.1, this Court is required to look into the provisions under
the United Khasi -Jaintia Hills Autonomous
District Council (Administration of Justice)
Rules, 1953, the Assam High Court (Jurisdiction Over District Council Courts) Order,
1954 as well as the Code of Civil Procedure, 1908. Rule 4 of the United Khasi -Jaintia Hills Autonomous District Council (Administration of Justice) Rules, 1953 (hereinafter referred to as "the Rules of 1953") provides
the Constitution of Courts: under Order 4 of
the Rules of 1953, there are different kinds
of court, viz,
(i) Village Courts; (ii) Subordinate District Council Courts and Additional Subordinate District Council Courts. (iii) District Council Court and Additional District Council Court.
(3.) RULE 28 of the Rules of 1953 clearly provides that the appeal shall lie to the District Council Court from the decisions of a
Subordinate District Court in any case, civil
or criminal. For ready reference of Rule 28
of the Rules of 1953 is quoted here in under:
"28. Appeal to District Council Court - An appeal shall lie to the District Council Court from the decisions of a Subordinate District Court in any case, Civil or Criminal. The District Council Court may hear the appeal itself or may endorse it for hearing to the Additional District Council Court: Provided that when the District Council Court is not sitting by reason of its Presiding Officer being on leave or otherwise the appeal shall lie to the Additional District Court. Provided further that such appeals are accompanied by a copy of the order appealed against and a clear statement of the ground of appeal, and are filed within sixty days from the date of the order, excluding the time required for obtaining a copy of the order appealed against."
Under Rule 47 of the Rules of 1953 in all
cases, the procedure of the District Council,
Subordinate District Council Court and Additional Subordinate District Council Court
shall be guided by the spirit but not bound
by the letter of the Code of Civil Procedure,
1908 (as amended up to date) in all matters not covered by recognized customary laws
or usages of the District.;
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