Allowed

Otem Gao v. Tapang Ering and Anr.

Gauhati HC4 Aug 2022CRP/17/2022

Case brief

AI extract

What is this about?

This is a miscellaneous order allowing a civil revision petition. The Gauhati Itanagar Bench quashed an order by the Deputy Commissioner dismissing an application to exhibit Keba decisions. The Court held the Deputy Commissioner lacked jurisdiction post the Civil Court Amendment Act, 2021, and remanded the matter to the District & Sessions Judge, Pasighat.

What did the court decide?

Impugned order dated 07.04.2022 set aside and quashed; matter remanded to Court of District & Sessions Judge, Pasighat.

Otem Gao Vs Tapang Ering and Anr. — Civil Procedure and Limitation | Gauhati HC (2022)

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Page No.# 1/3

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GAHC040005212022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : CRP 17/2022

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1:Otem Gao S/o Late Makyon Gao,

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Permanent Resident of Gune Village, PO/PS Pasighat, East Siang District, Arunachal Pradesh.

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Mobile No. 9402816246

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VERSUS

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1:Tapang Ering and Anr. S/o Late Taling Ering,

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Permanent Resident of Tigra Mirbuk, PO/PS Pasighat, East Siang District, Arunachal Pradesh.

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2:Tany Gao S/o Late Panggam Gao

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Permanent Resident of Mirbuk Village PO/PS Pasighat East Siang District Arunachal Pradesh

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Advocate for the Petitioner : T Taki

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Advocate for the Respondent : Nani Anju

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Page No.# 2/3

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BEFORE HONBLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 04.08.2022

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Heard Mr. T. Tapak, learned counsel appearing on behalf of Mr. T. Taki, learned counsel for the petitioner as well as Mr. A. Apang, learned Senior Counsel assisted by Ms. N. Anju, learned counsel for the respondent No. 1 and Mr. N. Ratan, learned counsel for the respondent No. 2.

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Call for LCR has not been received. But it is submitted at the Bar that without the LCR this petition may be disposed of today itself. Accordingly, as agreed, both the parties were heard.

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In this Civil Revision Petition under Section 115 of Civil Procedure Code, read with Article 227 of the Constitution of India, the petitioner has to put to challenge the order dated 07.04.2022, passed by the learned Deputy Commissioner, Pasighat, in IA No.06(AP)/2022.

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It is to be noted here that vide impugned order dated 07.04.2022, the learned Deputy Commissioner, Pasighat has dismissed the Interlocutory Application filed by the petitioner for allowing him to exhibit two Keba decision dated 05.08.1975 and 15.02.2011, respectively in the Civil Appeal No. 01/2013

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It is submitted at the Bar, that in view of coming into force the Civil Court Amendment Act, 2021, now the Deputy Commissioner has no jurisdiction to try the Civil Suits, and as per the proviso under Section 15 sub-section 3, the one year grace period is also over on 11.04.2022, and as such the impugned order dated 07.04.2022, may be set aside and the matter may be remanded to Civil Court proceed with the matter from the stage at which it is pending now and to consider the prayer of the petitioner for allowing him to exhibit the Kebang

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Page No.# 3/3

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decisions, dated 05.08.1975, and 15.02.2011 respectively.

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Having heard the submission of the learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also gone through the relevant provision law, and I find sufficient force in this submissions so advanced at the Bar, and accordingly this petition stands allowed. The impugned order dated 07.04.2022, passed by the learned Deputy Commissioner, Pasighat, in IA No.06(AP)/2022, stands set aside and quashed. The matter is remanded to the learned Court of District & Sessions Judge, Pasighat, with a direction to hear both the parties on the petition filed by the petitioner for allowing him to exhibit the Kebang decisions dated 05.08.1975 and also the keba decision dated 15.02.2011.

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In terms of above, this Civil Revision Petition stands dispose of. The parties are directed to appear before the Court of learned District Judge, Pasighat on 20.08.2022.

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It is further provided that in the event of receiving of the LCR from the learned Deputy Commissioner, Pasighat, the Registry shall forward the same to the Court of the learned District & Sessions Judge, Pasighat.

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JUDGE

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Comparing Assistant

Otem Gao v. Tapang Ering and Anr.

Case brief

What is this about?

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Otem Gao v. Tapang Ering and Anr.

Case brief

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