VEKHOLE KEZO Vs. KERETHI VERO

JUDGEMENT

(1.) Heard Mr. R. Iralu, learned senior counsel, assisted by Mr. Elivil Zao, learned counsel for the appellants. Also heard Mr. C. T. Jamir, learned senior counsel, assisted by Mr. N. Longkumer, learned counsel for the respondent.

(2.) This appeal under Sec. 96 of the Code of Civil Procedure, 1908 has been preferred by the predecessor in interest of the present appellants, who have been substituted after the death of the original appellant, namely, Late Saneo Kezo impugning the judgment and decree passed on 17/5/2019 by the Court of learned District Judge, Phek in Civil Revision No. 1/2001. There appears to be some ambiguity regarding the nomenclature of the case in which the impugned judgment has been passed as apparently it appears that the District Judge, Phek has no jurisdiction to entertain any civil revision under the Code of Civil Procedure, 1908, hence, an obvious question arises as to why the said case was registered a civil revision case. The said question shall be dealt with in this judgment herein after.

(3.) The impugned judgment was passed by the trial court i.e., the Court of District Judge, Phek, Nagaland when the case i.e., Civil Revision No. 1/2001 was remanded back to the trial court by the judgment and order dtd. 10/7/2017 passed in First Appeal No. 1(K)/2006 by this Court.