U. HAM SING NONGKHLAW Vs. DORBAR SHNONG OF MAWKDOK VILLAGE

JUDGEMENT

(1.) This review petition has been filed seeking review of Judgment and Order dated 24.10.2018 passed in Civil Revision Petition No. 24 of 2016. The two main grounds for review are grounds (iii) and (v) which are quoted herein below:-

(2.) I have heard Mr. S. Chakrawarty, learned senior counsel assisted by Ms. E. Slong, learned counsel for the review petitioner, Mr. K.S. Kynjing, learned senior counsel assisted by Mr. L. Shongwan, learned counsel for the respondents No. 1 and 2, Mr. T.T. Diengdoh, learned senior counsel assisted by Mr. C.C.T. Sangma, learned counsel for the respondent No. 3 and Mr. V.G.K. Kynta, learned senior counsel assisted by Ms. V. Mawlieh, learned counsel for the profoma respondent No. 4.

(3.) Mr. S. Chakrawarty, learned senior counsel on behalf of the review petitioner submits that though pointed contentions had been raised both in the pleadings and in the submissions with regard to the applicability of The Khasi Hills Autonomous District (Administration of Elaka) Act, 1991, this Court while disposing of the revision petition had held the same to be applicable without ascribing any reasons. He further submits that the finding in the judgment dated 24.10.2018 to the effect that question of jurisdiction can be raised before or after the filing of the written statement as a question of fact rather than the question of law is also a gross error apparent on the fact of the said judgment and order dated 24.10.2018. He lastly submits that the failure to respond to arguments made on behalf of the petitioner is also a serious error apparent on the fact of the said judgment. He therefore prays that the review petition be allowed and the civil revision be heard on the points so raised therein.