LAWS(GAU)-2008-1-12

REMISIAMA Vs. AINGHINGLOVA

Decided On January 16, 2008
REMISIAMA Appellant
V/S
AINGHINGLOVA Respondents

JUDGEMENT

(1.) HEARD Mr. M. Guite, learned counsel for the petitioners and also heard Mr. A. K. Rokhum, learned counsel for the respondent.

(2.) THE present revision petition under Section 115 of CPC read with Section 151 of CPC has been preferred against the order dated 29. 3. 2007 passed by Smt. Lucy Lalrinthari, Addll. District Magistrate, Judicial, Aizawl in FAO No. 1 of 2007 whereby the order dated 16. 2. 2007 passed by Shri Lalbiakzama, Asstt. to the Deputy Commissioner arising out of Civil Suit No. 38 of 2006 has not been interfered with and further by the impugned order dated 29. 3. 2007 learned Addl. District Magistrate (Judicial), Aizawl has directed the trial court not to pass any further relief to either parties onward until final disposal of the main suit on merit.

(3.) IT appears that the petitioners (defendants) had approached earlier by preferring an appeal before this court against the same impugned order dated 29. 3. 2007 (passed by the Addl. District Magistrate (Judicial) passed in FAO No. 1 of 2007 arising out of C. M. Appln. No. 14 of 2007 in Civil Suit No. 38 of 2006 ). When the petitioners came to know that vide Section 31 of Mizoram Civil Courts Act, 2005 notified on 26. 4. 2006 the provision of appeal was repealed, then a prayer was made to make an amendment and accordingly the present revision petition has been preferred.