B.B.DEB, J. - (1.)This second appeal under Rule 18 of the "Rules for the regulation of the procedure of officers appointed to administer justice in the Lushai Hills, 1937" (popularly known as "Justice Rules, 1937") is directed against the appellate order dated 4.1.2000 passed by the learned Additional District Magistrate(J)/ Addl.'Deputy Commissioner(J), Aizawl in Civil Appeal No. 2 of 1994 arising out of the judgment dated 2.5.1994 passed by the learned Extra Assistant Commissioner/ Magistrate 1 st Class, Aizawl, in Title Suit No. 12 of 11988.
(2.)The appellant's case to be precise is as follows:- The appellant as plaintiff instituted a suit in the Court of Deputy Commissioner, Aizawl District being Title Suit No. 12 of 1988 for declaration of her legal right, title and interest over the suit land and the suit was endorsed to the: Court of learned Extra Assistant Commissioner (shortly EAC) for trial/disposal under Rule 15 of the Justice Rules, 1937. On conclusion of trial, the appellant's suit was disposed of by the learned EAC, Aizawl vide judgment dated 2.5.1994. Against the said judgment, the plaintiff-appellant preferred appeal before the learned ADM(J)/ADC(J) in Civil Appeal No. 2 of 1994, but unfortunately the aforesaid learned appellate Court vide judgment dated 4.1.2000 dismissed the appeal holding inter alia, that the learned EAC/Magistrate 1 st Class having no jurisdiction entertained and tried the suit and on that ground, the appeal was disposed of.
(3.)In this second appeal, only question arises for decision as to whether the EAC has the jurisdiction to try the civil suit and against the judgment passed by the learned EAC whether first appeal would lie.