SIMON SIANGSHAI Vs. PHONSYIH

JUDGEMENT

(1.) The challenge in this revision petition filed under Article 227 of the Constitution of India is to order dated 31.07.2018 passed by the Presiding Officer, Subordinate District Council Court, Jowai whereby, application filed for rejection of Title Suit No. 23 of 2014 filed by the petitioner was not accepted.

(2.) At the outset, learned counsel for the respondent raised a preliminary objection that the defendant/petitioner has a remedy of appeal under Rule 28 of The United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 which provides for an appeal to the District Council Court. It was urged that an appeal shall lie to the District Council Court in any case, civil or criminal against an interlocutory order also passed by the Subordinate District Council Court. Rule 28 of The United Khasi-Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 reads thus:-

(3.) In view of the above, learned counsel for the petitioner prayed that he may be allowed to withdraw the revision petition with liberty to approach the Judge, District Council Court by way of an appeal under Rule 28 of the aforesaid Rules. However, it was prayed that some time be granted to file the said appeal.