RAID LABAN DORBAR Vs. DORBAR SHNONG OF LAWSOHTUN

JUDGEMENT

(1.) This instant civil revision application has been filed under Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014, praying for setting aside the order 25/9/2019, passed by the Judge, District Council Court, in Title Suit No. 1 of 2016, wherein two petitions namely; No. 125 of 2019 for condonation of delay and No. 126 of 2019 for setting aside the dismissal order dtd. 13/8/2018, were dismissed.

(2.) The facts necessary for consideration is that a Title Suit being Title Suit No. 2 of 2013 had been instituted by the petitioner/plaintiff before the Subordinate District Council Court, Shillong, which thereafter was called before the Judge, District Council Court, on an application under Sec. 32(b) and was re-registered as Title Suit No. 1 of 2016. When the matter was taken for adjudication by the Judge, District Council Court, the plaintiff/petitioner at that relevant point of time, being aggrieved had approached this Court, and this Court by order dtd. 4/5/2018 passed in CRP No. 29 of 2017, had observed that there was no illegality with the order of the Judge dtd. 16/6/2017, but however, remanded the same for fresh consideration.

(3.) With the matter situated thus, the proceedings was taken up by the Judge, District Council Court, and on the non-appearance of the plaintiff/petitioner, the matter came to be dismissed for default by the order dtd. 13/8/2018, wherein it was recorded that the non-appearance was in spite of the fact that the notice had been received by the plaintiff/petitioner.