Are statutory Civil Courts in Nagaland empowered to adjudicate case on decision by Village Council/DBs Court? HC says…

DIMAPUR, OCTOBER 20: The Kohima Bench of the Gauhati High Court has granted 5 weeks time to the Government of Nagaland to place its decision with regard to the appellate forum to which an appeal will lie against orders passed by the village authorities.

The Court was hearing a revision petition filed by an aggrieved party after his First Appeal No. 03/2020 under Rule 31 of the Rules for the Administration of Justice and Police, 1937, read with Section 96 and Order XLI Rule 1 of CPC, was dismissed by the Principal District and Sessions Judge, Dimapur, holding that the Principal District and Sessions Judge, Dimapur, has no jurisdiction to entertain the appeal against the decision passed by the village authority under the Rules.

As per Court documents, the case relates to a dispute between two individuals with regard to a purported agreement dated March 13, 2017, for the settlement of which one of them approached a village council.

In the said agreement, the revision petitioner and the respondent are the beneficiaries. It was alleged that the petitioner is executing the contract work in terms of the purported agreement and that the contractor has to pay the contractor commission.

The village council vide judgment dated May 11, 2019 decided that the petitioner shall pay to the respondent and party a contract commission of Rs. 48,82,320 within a period 3 months failing which he shall have to mortgage his immovable property double the value. The petitioner submitted representation dated February 25, 2020 to the village council requesting to re-hear the matter as the judgment dated May 11, 2019 is factually and legally erroneous. However, the village council vide verbal decision dated July 11, 2020 re-affirmed its earlier decision.

Aggrieved by this, the petitioner approached the Principal District and Sessions Judge, Dimapur, by filing First Appeal No. 03/2020 but it was dismissed. Hence, the revision petition.

According to Court documents, the case relates to the often raised questions with respect to jurisdiction between the customary court and the civil court in the State of Nagaland in terms of the Rules for the Administration of Justice in Police, 1937 and the normal courts in the State of Nagaland.

The issue under reference is as to whether the statutory Civil Courts in the State of Nagaland has been empowered to adjudicate the case on a decision rendered by the Village Council/DBs Court, Court documents show.

The Court is hearing at least 3 related revision cases.

During the course of the hearing, Advocate General Nagaland, KN Balgopal submitted that the Government is seized of the matter and is in the process of coming up with a suitable solution to address the issue raised in the present petition.

In a hearing of the revision petition on October 17 last, the Advocate General Nagaland placed the minutes of the meeting of the Cabinet held on October 9, 2024, the order dated August 23, 2024 passed by the Commissioner & Secretary to the Government of Nagaland, Department of Law & Justice Nagaland Kohima, the letter dated September 10, 2024 written by the Commissioner Nagaland to the Commissioner & Secretary to the Government of Nagaland, Department of Law & Justice Nagaland Kohima, and the report of the Committee on customary Court as per Chapter-IV A of the Rules of Administration of Justice and Police in Nagaland, 1937 (3rd amendment) Act 1984.

In an order issued on October 17, Justice Kakheto Sema and Justice Budi Habung observed that a perusal of the records placed before the Court shows that the issue is with regard to the examination of Chapter-IV A of the Rules of Administration of Justice and Police in Nagaland, 1937 (3rd amendment) Act 1984 whereas the issues raised in the present revision petition is with regard to the appellate forum to which an appeal will lie against the orders passed by the village authorities.

Advocate General Nagaland KN Balgopal, however, submitted that the examination of record which has been placed before the Court on October 17 will also resolve the issues which has been raised in the present petition, and submitted that 5 weeks time may be granted to the State respondents to resolve the issue on the subject raised in the present petition by allowing the Government to deliberate on the issue raised in the case.

The Court granted him the 5 weeks time to place the decision of the Government before the Court, particularly on the subject of the constitution of the appellate authority to hear appeals from the decision of the village authorities.

The Court however made it clear that if no instruction is forthcoming on the next date fixed, it will make an endeavour to resolve the issue by passing judicial orders on the reference made before the Court, and listed the matter on November 20 next.

(Page News Service)