IRIS MYNSONG Vs. MILDA MYRBOH

JUDGEMENT

(1.) Being aggrieved by the judgment, dated 26.08.2005 passed by the Judge, District Council Court, Shillong in Title Civil Appeal No. 2 of 2005 dismissing the appeal as against the judgment which had been passed by the Addl. Subordinate District Council Court, Khyrim Syiemship, Smit on 25.02.2005 in Title Suit No. 2 of 1994 and also by the order dated 03.04.2006 passed by the Judge, District Council Court, Shillong in Review Petition No. 2 of 2005 rejecting the prayer for reviewing the above said judgment dated 26.08.2005 passed by the Judge, District Council Court, Shillong in Title Civil Appeal No. 2 of 2005, this revision application has been filed challenging the legality and propriety of the above said judgments and order.

(2.) Upon hearing Mr. H. S. Thangkhiew, learned counsel appearing on behalf of the petitioner and Mr. K. S. Kynjing, learned senior counsel assisted by Mr. S. M. Suna, learned counsel appearing on behalf of the respondent, the following facts are ascertained:

(3.) There is no dispute that as per Rule 45 of the United Khasi Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, in all civil cases, the District Council Court, the Subordinate District Council Courts and the Addl. Subordinate District Council Courts shall adjudicate according to law, justice, equity and good conscience consistent with the circumstances of the case. Further, as per Rule 47 of the above said Rules of 1953, in civil cases, the procedure of the District Council Court or the Subordinate District Council Courts or the Addl. Subordinate District Council Courts shall be guided by the spirit but not bound by the letter of the Code of Civil Procedure, 1908, in all matter not covered by recognized customary law or usage of the District.