SH. REV THANGLUAIA Vs. JANET LALDINLIANI

JUDGEMENT

(1.) Heard Mr. N. Sailo, learned senior counsel assisted by Mrs. Dinari T. Azyu, learned counsel appearing for the petitioner. Also heard Mr. L.H. Lianhrima, learned counsel appearing for the respondent.

(2.) By this revision petition, filed under Article 227 of the Constitution of India read with section 151 of the CPC, the petitioner, who is the respondent in RFA No. 21/2012 has challenged the order dated 19th June, 2012 passed by the learned Addl. District and Session Judge -I in RFA No. 21/2012.

(3.) The respondent, as petitioner, filed heirship certificate being Case No. SDCC/HC/ -416/2001, seeking heirship in respect of land covered by Patta Nos. L.S.C. 116/1974, L.S.C. 792/1985, L.S.C. 1864/1984, L.S.C. 1865/1984, L.S.C. 28/1977 and L.S.C. 3007/1989, in the court of Subor -dinate District Court Court, Aizawl. The Subordinate District Council Courtby order dated 22nd August, 2001, issued heirship certificate in favour of the petitioner. Subsequently, one of the stepdaughters of the petitioner, who is the respondent in this revision petition, after seven years of issuing the said certificate, preferred an appeal being R.F.A. No. 20/2008 before the District Council Court, Mizoram. In view of coming into effect of the Mizoram Civil Courts Act, 2005, the RFA No. 20/2008 preferred by the respondent was transferred to the court of Senior Civil Judge. The learned Senior Civil Judge, Aizawl, by his judgment and order, dated 21.2.2012, passed in R.F.A. No. 20/2008, while allowing the appeal ex -parte declined to remand the matter to the original court and directed the parties to file fresh suit or case in appropriate court of law.