JAME MASJID COMMITTEE, DIMAPUR Vs. AHMAD ALI KHAN

JUDGEMENT

(1.) This petition, challenging the order dated 7-4-2011 passed by the learned District Judge, Dimapur in F. A. No. I/11 and the order dated 8-12-2010 in CMC No. 16/ 10 in Title Suit No. 1/10, is filed under Section 115 of the CPC read with Article 227 of the Constitution of India.

(2.) By order dated 8-12-2010, an application under Order 7, Rule 11(a) and (d) read with Section 151, CPC filed by the petitioner/ defendant No. I for rejection of the plaint was rejected. However, in the order, it is reflected that the application was filed under Order 7, Rule 11(a) and (b) read with Section 151, CPC. By the order dated 7-4-2011, the learned District Judge accepted the preliminary objection raised by the plaintiffs that the appeal filed under Rule 29(1) read with Rule 34 of the Administration of Justice and Police Rules, 1937, as amended by Nagaland (3rd amendment) Act, 1984, hereinafter referred to as Rules of 1937, is not maintainable and accordingly, had dismissed the appeal, granting liberty to the petitioners/ appellants from agitating the issue under appropriate provisions of law.

(3.) The respondent Nos. I to 9 filed the suit numbered as Title Suit 1/10 in the Court of Civil Judge, Sr. Division, Dimapur, praying, inter alia, for a decree declaring the settlement order dated 17-12-1991 issued by the Addl. Deputy Commissioner, Dimapur and the order dated 20-7-2007 passed by the Deputy Commissioner, Dimapur in favour of the petitioner as without jurisdiction, illegal, null and void. In the suit, the plaintiffs also prayed for a decree: