PACHHUNGA Vs. ZOKHUMI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24-6-80 passed by Judicial Officer, District Council Court, Aizawl in Civil Appeal No. 5 of 1980. The appeal has been filed under paragraph 3 of Assam High Court (Jurisdiction over District Council Courts) Order, 1954, for short the order. By the impugned judgment the learned lower appellate Court affirmed the judgment dated 23-2-80 of the trial Court, namely, Subordinate District Council Court. Aizawl in Case No. Misc. 41 of 1979. Under Schedule VI to the Constitution, the District Council Courts are constituted for trial of disputes where both parties are trible. As this is a second appeal, before entering into the merits of the case I may discuss the powers of this court in such appeal. Paragraph 3 of the Order runs as follows :-

(2.) The above paragraph 6 along with Rule 36 of the Civil Rules for the Administration of Justice and Police of another district came up for consideration before a Full Bench of this Court. The said Rule 36 runs as follows:-

(3.) Mr. Sarnia Barua relying on the aforesaid decision of the Full Bench in Ka India Marry Kharkonger v. Ka Theirit Lyngdoh, Assam LR (1969) Assam 92 urged that though the present appeal is a Second Appeal this Court can treat it as a First Appeal and enter into the facts of the case and reassess or re-appreciate the evidence on record. The Full Bench of this Court in the aforesaid decision held that High Court may exercise the same power under Rule 36 as in the case of first appeal. In other words it was held that in a revision petition filed under the aforesaid Order and the Rule the revision has to be disposed of as an appeal. Following the above decision and considering the language of paragraph 3 of the Order I accept the contention of Mr. Sarma Barua and hold that in a Second Appeal filed under the said Order High Court may treat it as a First Appeal and can enter into the facts of the case for the purpose of re-appreciation of evidence on record.