LAWS(GAU)-2020-1-85

MARBOM RIRAM Vs. BEPU RIRAM

Decided On January 21, 2020
Marbom Riram Appellant
V/S
Bepu Riram Respondents

JUDGEMENT

(1.) Heard Mr. L. Perme, the learned counsel for the petitioner and Mr. R. Saikia, the learned counsel appearing for the respondents.

(2.) This appeal under Section 48 of the Assam Frontier (Administration of Justice) Regulation, 1945 is directed against the order dated 13.10.2015 passed by the learned Addl. Deputy Commissioner, Basar, West Siang District (Now Laparada District). The order to the following effect was passed and the same is hereinbelow quoted for ready reference:-

(3.) The learned counsel for the petitioner has taken a preliminary issue that in view of Notification No. JUD/DCS-37/2010 dated 06.01.2014 by which the Government of Arunachal Pradesh had appointed Civil Judges as well as Judicial Magistrates and it was provided that in all cases (both Criminal and Civil) shall be instituted only in the Court of CJM-cum-Civil Judge (Sr. Division) and JMFC-cum-Civil Judge (Jr. Division). Accordingly, by referring to the complaint dated 12.05.2015 by the respondent Nos. 1 & 2, it is submitted that the Addl. Deputy Commissioner, West Siang District, Basar exercised jurisdiction not vested by him in law by taking up adjudication of the Civil disputes between the parties. It is submitted that if the Court is not satisfied on this preliminary point, then he would make his submission on the merit of the impugned order.