ROSINA JYRWA Vs. IMBRIKUT JYRWA

JUDGEMENT

(1.) This Civil Revision application under Order 6 of the Meghalaya High Court (Jurisdiction over District Council Courts) Order 2013 read with Article 227 of the Constitution of India has been filed against the order dtd. 25/8/2015, passed by the learned Presiding Officer, Subordinate District Council Court, Shillong in Title Suit No. 9 of 2013, and the appellate order dtd. 4/10/2016, passed by the Court of the Judge, District Council Court, Shillong in Misc. Civil Appeal No. 11 of 2015.

(2.) The case in brief is that the respondents herein, as plaintiff, had instituted the above Title Suit which was decreed ex parte against the petitioner vide judgment and order dtd. 25/8/2015. Thereafter, the respondents had filed an Execution Case registered as Execution Case No. 1 of 2015 for execution of the said decree. The petitioner, against the ex parte judgment and order, preferred an appeal which was registered as Misc. Case No. 11 of 2015 before the Court of the Judge, District Council Court, Shillong, with a prayer for setting aside the judgment dtd. 25/8/2015 passed in Title Suit No. 9 of 2013 and the order passed in the Execution Case No. 1 of 2015, and also the subsequent notice dtd. 15/9/2015.

(3.) The learned Judge, by the impugned order dtd. 4/10/2016, while considering the appeal, however, without going into the merits of the same dismissed the appeal only on the ground that the said appeal was moved after a lapse of one year from the date of filing and it was observed that it is apparent that the petitioner who was the appellant therein, was not aggrieved with the impugned judgment and decree.