Morung Express News
Dimapur | April 11
The legal wrangling over office occupancy of the Naga Council Dimapur (Dimapur) has reached the High Court. As per the latest development, the High Court has directed the Civil Judge (Senior Division), Dimapur to dispose the matter within a period of 3 months.
The battle is over tenure extension of the then incumbent NCD office bearers, whose tenure were purported to have expired on March 2020. The tenure extension was opposed by other members with the dispute eventually landing in court.
It resulted in a series of lower court rulings with the last ruling passed on December 16, 2020 by the District & Sessions Judge, Dimapur. In the December 16 ruling, the District Judge dismissed an appeal, filed by the office bearers, to quash an order of the Civil Judge (Senior Division), Dimapur issued on October 19, 2020.
Subsequent to the December 16 ruling, the office bearers filed an appeal (Civil Revision petition 1/2021) at the Kohima Bench of the Gauhati High Court.
“The present Civil Revision petition is filed under Section 115 of the CPC 1908 read with Article 227 of the Constitution of India. The revision is against the Order dated 19.10.2020 passed by the Civil Judge (Senior Division), Dimapur, Nagaland in I.A. No. 93/2020 arising out of Civil Suit No.6/2020 and also against the order dated 16.12.2020 passed by the learned District & Sessions Judge in Civil Appeal 3/2020,” read an excerpt of the ruling passed by the High Court on April 9.
The ruling was based on the exercise of the provision of the Civil Procedure Code (CPC) 151. It stated that “CPC 151 is exercisable only when there are no provisions under the code” and directed “the subordinate courts to do so.”
While issuing the directive, it also quashed and set aside the earlier orders passed by the Principal District & Sessions Judge, Dimapur in Civil Appeal No. 3/2020 and Civil Judge (Senior Division), Dimapur on December 16 and October 19, respectively.
It added, “Anxiety is expressed by the parties to dispose of the matter at the earliest to allow the Naga Council Dimapur to function. The present issue being of paramount urgency, considering that it is to do with the Naga Council Dimapur, the learned Civil Judge (Senior Division), Dimapur shall make all efforts to dispose of the matter within a period of 3 months from passing of this order.”
It also stated that the respondents (the party opposing the office bearers’ extended tenure) are liberty to approach the Civil Judge (Senior Division), Dimapur “by filing the appropriate petition under the code (CPC 151) for the adjudication of the matter expressed in this revision petition.”