TARA SOHKHLET Vs. NIKEL KHONGMAWLOH

JUDGEMENT

(1.) This Second Appeal has been preferred under Order 6 of the Meghalaya High Court (Jurisdiction over District Council Courts) Order, 2014 read with Article 227 of the Constitution of India. The impugned order in question dtd. 12/3/2020, was passed by the Additional Judge, District Council Court, Shillong in Misc. Civil Appeal No. 1 of 2017 setting aside the order dtd. 17/5/2016, passed by the Learned Presiding Officer in Misc. Case No. 2 of 2013, arising out of Title Suit No. 1 of 2001.

(2.) The brief facts are that a suit had been instituted by one Shri. Esteid Khongmawloh and Shri. Kania Khongmawloh as plaintiffs wherein the appellant had been arrayed as defendant before the Additional Subordinate District Council Court for declaration of right, title and interest with regard to a plot of land known as 'Sngapblai'. This suit came to be finally dismissed for non-prosecution on 27/9/2002. After a gap of more than 10 (ten) years, the respondents No. 1 and 2 herein, who are not the original parties (plaintiffs) to the suit approached the Court of the Presiding Officer, District Council Court, by filing a Misc. Application being Misc. Case No. 2 of 2013 for restoration, condonation and substitution in place of the original parties (plaintiffs) to the suit. The Trial Court vide order dtd. 17/5/2016, rejected the said application and the respondents being aggrieved thereby preferred an appeal being Misc. Civil Appeal No. 1 of 2017 before the Lower Appellate Court, that is the Court of the Additional Judge, District Council Court. The Lower Appellate Court then by judgment and order dtd. 12/3/2020, set aside the order of the Trial Court, condoned the delay, allowed the restoration of the Title Suit and substituted the respondents No. 1 and 2 as plaintiffs. Being aggrieved thereby, the instant Second Appeal is before this Court.

(3.) The substantial questions of law, that have arisen in the instant Second Appeal had been framed as follows: