LAWS(MEGH)-2015-7-14

PHORDAN MARBANIANG Vs. P. TRELLY LYNGDOH AND ORS.

Decided On July 31, 2015
Phordan Marbaniang Appellant
V/S
P. Trelly Lyngdoh And Ors. Respondents

JUDGEMENT

(1.) THE petitioner's case in a nutshell is that:

(2.) HEARD Mr. K. Paul, learned counsel appearing for and on behalf of the petitioner, who submits that, the issue placed in this instant case is limited only on the ground that, the argument of the case was concluded sometime in the year 2012 and judgment was passed on 17.09.2014. The learned counsel for the petitioner raised a question, how a case can remain pending for judgment for a long period of 2(two) years and prayed that the matter may be remand back for fresh hearing and judgment.

(3.) I have gone through the impugned judgment in question dated 17.09.2014 passed by the Judge, Subordinate District Council Court, Shillong/Presiding Officer in Title Suit No. 6 of 2010. On going through the impugned judgment, it is noticed at the inner Page 23 of the judgment that, written argument was filed sometime in the year 2012. If it is so, then there is no logic or ground to keep the judgment pending for long 2(two) years and ultimately, to pass on 17.09.2014, which is highly illegal and improper, because a Judge/Presiding Officer is also a human being and he has got also a limitation to remember the facts and circumstances of the case specially the points raised by the learned counsels in the argument. That is why; it is always wise and desirable that a judgment should be disposed of expeditiously.