TEKATEMJEN Vs. MARTEMJEN

JUDGEMENT

(1.) HEARD Mr. B. N. Sarma, learned senior counsel assisted by Mr. Apok Pongener, learned counsel for the appellant and Mr. C. T. Jamir, learned senior counsel assisted by Mr. A. Jamir, learned counsel for the respondents.

(2.) THIS is defendants' appeal against the judgment and order dated 3.12.2001 passed by the learned Addl. Deputy Commissioner (Judicial), Mokokchang in Civil Appeal No. 3 of 1991.

(3.) THE plaintiffs/respondents have raised a preliminary objection to the admissibility of the present appeal saying inter alia that no appeal lies under the existing provisions of law against the judgment and order passed in appeal by the learned ADC(J) who has already exercised its appellate jurisdiction in deciding and disposing of the aforementioned civil appeal No. 3 of 1991 filed by the defendants/appellants. Since the learned ADC (J) has decided the Civil Appeal No. 3 of 1991 by the impugned order dated 3.12.2001, the present appeal has been left with legal remedy by filing 2nd appeal and no first appeal maintainable under Rule 29 of the Rules for Administration of Justice of Police in Naga Hills District, 1937 [hereinafter referred to as Rules, 1937] and as per decision pronounced by this Court in Medenkaba & Ors. Vs. Takatemjen Ao & Anr. reported in 1987 1 GLR 156, wherein a Division Bench of this Court held that de novo hearing is decided when earlier hearing is taken to be of no consequence or legal effect. In the said case, according to the appellants, held that a de novo proceeding held under Rule 31 of the 1937 Rules is an original proceeding for all purposes and must be treated as such.