LALMUANKIMI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A R Malhotra, learned counsel for the appellant/plaintiff, Mrs. Linda L Fambawl, learned Government Advocate for the State respondent Nos. 1 to 4/defendant Nos.1 to 4 and Mr. L H Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli for the respondent No. 5/defendant No.5.

(2.) This is a second appeal filed by the appellant under Sec. 17(2)(b) of the Mizoram Civil Court's Act, 2005 (Civil Court's Act) r/w Sec. 100 of the Code of Civil Procedure, 1908 (CPC) against the Order dt. 13/3/2019 passed by the Court of District Judge, Lunglei (First Appellate Court) whereby, the First Appellate Court set aside the Judgment and Order dtd. 12/8/2014 of the learned Trial Court and the decree drawn while declaring the present respondent No. 5 as the absolute and rightful owner of the suit land after coming to the conclusion that the Civil Suit was barred by limitation.

(3.) This Court vide Order dt. 8/10/2020 while issuing notice to the respondents formulated the following substantial question of law:-