GOPIRAM AGARWALLA Vs. SMT. BINA AGARWALLA AND ANR.

JUDGEMENT

(1.) THE pleasant and refreshing aspect of this case is the motivational gesture of the counsel, motivated by the desire to further ends of justice by ending speedily the litigation in this Court, counsel submit that for a quick disposal of the matter records ready called for need not be awaited; that the matter may decided instantly as the point of law involved is short and simple one and needs no detailed investigation of facts.

(2.) ON 15.12.84 the Deputy Commissioner, Kohima, rendered (Sic) interesting order. I have no doubt that the order ex facie (Sic) fests complete absence of judicial approach. Not only the order, was rendered ex parte but the consequences it was expected to bring about did not at all weigh with the Court below. What is ordered is that the Police will evict the "tenant" (Petitioner) breaking open locks of the room and removing the articles the tenant to the Police Station. This, despite the fact that (Sic) Petitioner" before learned Deputy Commissioner, Kohima was a 'Plaintiff (and not a 'decree holder') who bad filed in the court of Additional Deputy Commissioner, Dimapur, What really happened is, O.P. No. 2 in this petition figured as Plaintiff or 'Petitioner' in a proceeding Instituted on 9.11.84 evicting the revisionist from the concerned premises, as tested by Annexure 1, and when the proceeding was still Pending in Dimapur Court, behind the back of the revisionist, O.P. No. 2 moved another petition in Kohima Court on the impugned order was passed.

(3.) MR . Laskar, learned Counsel for the revisionist, submits that the impugned order is patently without jurisdiction inasmuch is not only no appeal lay to the Deputy Commissioner against the interlocutory order passed on 10.11.84 by the trial court but in fact no appeal was filed and the impugned order was rendered on a mere "petition" invoking executive powers of the learned Deputy Commissioner. Such "petition" was not maintainable and had to be rejected and in any case no order (Sic) could be passed behind his back to his prejudice, On (sic) perusal of the order I find, Mr. Laskar's grievance has sub(sic)tantial merit. Indeed, the tone, tenor, content and purport of he order leave no room to doubt that it was meant to an executive order which could not be passed to render ineffective judicial process.