SHRI ZAKIL AND OTHERS Vs. SHRI NEIMEDO AND ANOTHER

JUDGEMENT

(1.) In this revision petition the petitioners have assailed a order dated 21.3.90. passed by the Additional Deputy Commissioner (Judicial), Kohima in Civil Appeal No. 2 of 1989 by which the respondents were allowed to file new/fresh suit. The main grounds taken in this revision petition, inter alia, are two, namely; (1) That the learned Additional Deputy Commissioner (Judicial), Kohima has no jurisdiction to allow institution of a fresh suit inasmuch as it is not contemplated under any provision of the Rules for the Administration of Justice, Nagaland. (2) That the impugned order was passed by Additional Deputy Commissioner (Judicial), Kohima in violation of the principles of justice inasmuch as Shri Savi who was originally a party in the dispute in Village Court was not a party when the aforesaid impugned order came to be passed in respect of the same subject matter which was decided by the Village Court at Viswema Village.

(2.) Before the above two issues arc dealt with, I would like to advert briefly to the facts of the case. It was on 12.6.80 that one Puzashe the son of late Puzhon of Viswema Village took a loan of Rs. 1,000.00 from Miakriba Whe against monthly interest of Rs. 3.75 per Rs. 100.00 for a period of 6 months by mortgaging his land situated at Phesazu behind Whedi's residence at Viswema Village. In the aforesaid transaction one Mr. Kruzol stood surety/guarantor for the loan by mortgaging his terrace field which is locally known as 'Kintso' to Miakiiba Whe. Before the loan was taken it was ascertained from Puzhon that the land in question belonged to Puzashe and so loan could be granted against its security. Several months went by but Puzashe was not able to repay the loan. After expiry of 18 months Mr. Kruzo who stood as a guarantor also approached the Treasurer of Miakriba Whe to forfeit the mortgaged plot and accordingly on 15.1.82 Miakriba Whe informed Kruzo that the land which was mortgaged was forfeited and accordingly the said land was handed over to Miakriba Whe as a whole.

(3.) Thereafter Miakriba Whe decided to sell the said land and as such first offer went to Mr. Vitsano who is elder brother of Mr. Neimedo that any of the near relatives of Puzashe might buy back the land but there was none amongst the relatives of Puzashe who was willing to buy back the said land. That is how the said land was sold on behalf of Miakriba Whe to Mr. Savi in 1982. After the purchase of said land Savi took possession and there was no dispute from any quarter till 1986.