STATE OF NAGALAND Vs. CHENIO LOTHA

JUDGEMENT

(1.) By order dtd. 16/5/2023, this appeal was directed to be heard ex-parte, under Order 41 Rule 17 (2) of the Code of Civil Procedure, 1908, as the learned counsel for the respondents failed to appear on consecutive dates, when this appeal was listed for hearing. Heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland for the appellants. None has appeared for the respondents.

(2.) This second appeal under Sec. 100 of the Code of Civil Procedure, 1908, has been filed by the State of Nagaland and three other appellants, impugning the decree and judgment dtd. 18/10/2017, passed by learned Principal District Judge, Dimapur in Civil Appeal No. 1/2015, whereby the judgment and decree dtd. 2/3/2015 passed by learned Civil Judge (Senior Division), Dimapur in Title Suit No. 1/2007 was set aside.

(3.) At the time of admission of this regular second appeal (RSA), following substantial questions of law were formulated.