AMBIKA PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This writ petition has been filed by two writ petitioners, namely, Ms. Ambika Pradhan and Ms. Anuka Pradhan, essentially seeking this Court's intervention for issuance of necessary direction upon the respondents no.1 and 2 for amendment of the Sikkim Civil Courts Act, 1978 (for short, 'the Act").

(2.) The genesis of the matter pertains to a civil suit, titled, Ambika Pradhan and Anr. Vs Mr. Purna Kumar Pradhan and 7 Ors., which was instituted in the Court of the learned Civil Judge (Senior Division) at Gangtok on 18/5/2020. The writ petitioners before this Court are the plaintiffs before the learned Civil Judge (Senior Division) at Gangtok. The private respondents before this Court are defendants before the learned Civil Judge (Senior Division) at Gangtok. A judgment and decree was passed by the learned Civil Judge (Senior Division) at Gangtok on 31/3/2023, in Title Suit No. 07 of 2020. By the said judgment and decree, the suit instituted by the plaintiffs, being Title Suit No.07 of 2020, stood dismissed by the learned Civil Judge (Senior Division) at Gangtok. Against the judgment and decree dtd. 31/3/2023, the plaintiffs preferred an appeal before the learned Principal District Judge at Gangtok, being Title Appeal No. 04 of 2023. This appeal is pending adjudication before the learned Principal District Judge at Gangtok.

(3.) The issue sought to be raised before this Court by the petitioners is that while Sec. 16 of the Act was amended several times (lastly in the year 2013), corresponding amendment was not made in respect of Sec. 17 and 18 of the said Act. This has created an anomalous situation which has been elaborated in paragraphs 13 to 18 of the writ petition. According to the writ petitioners, if the corresponding amendments are carried out, the Principal District Judge, Gangtok, will have full competence and jurisdiction to entertain, try and determine the appeal, as presented by the plaintiffs in respect of the judgment and decree dtd. 31/3/2023. Otherwise, the forum will be the High Court of Sikkim and thereby the appellants will lose one appellate forum in the process.