SHELLA VILLAGE DORBAR Vs. WALLAMPHRANG

JUDGEMENT

(1.) HEARD Mr. K Paul, learned counsel appearing for the petitioner and Mr. HS Thangkhiew, learned senior counsel assisted by Mr. L Khyriem, learned counsel appearing for the respondent.

(2.) IN this judgment and order proposing to pass, this Court is not making any observations regarding the merit of the case. What the Court is deciding in the present revision petition are (i) the revision against the judgment and order passed by the Presiding Officer of the Subordinate District Council Court, Shillong which is an appealable is the proper forum or not and (ii) also shall the Court invoke the jurisdiction under Rule 6 of the Assam High Court (Jurisdiction Over District Council Courts) Order, 1954 for revising the order passed by the Presiding Officer of the Subordinate District Council Court, in case the order is appealable?

(3.) RULE 28 of the Rules of 1953 clearly provides that the appeal shall lie to the District Council Court from the decisions of a Subordinate District Court in any case, civil or criminal. For ready reference of Rule 28 of the Rules of 1953 is quoted here in under: