✦ Gauhati High Court · 16 Aug 2022

C. Lalawmpuia Champhai v. Lalmalsawma

Rfa No. 26 of 2021MARLI VANKUNG

Case at a glance

Decided
16 Aug 2022
Bench
MARLI VANKUNG

Judgment

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/26/2021 C. Lalawmpuia Champhai VERSUS Lalmalsawma and 2 Ors. Thuampui Advocate for the Petitioner : Mr. Joseph Mangsuanhau Advocate for the Respondent : Mr K Laldinliana for R1 BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 16.08.2022 Heard Mr. Joseph Mangsuanhau, learned counsel for the appellant along with Mr. K. Laldinliana, learned counsel for the respondent No.1. Having heard both the parties, it is seen that in the present appeal the Money Suit value is Rs.7,97,800/-(Rupees seven lakhs ninety seven thousand eight hundred)only. Therefore, in view of the amendment of the Mizoram Civil courts (Amendment Act, 2021) in the Amendment of Section 17 of the Mizoram Civil Courts Act, the District Judge can take up appeal from decrees of the Senior Civil Judge when the value of the subject matter of the original suit of proceeding is up to 10,00,000/- Page No.# 2/2 (Rupees ten lakhs). In view of the above, the Court finds that this appeal should have been placed before the District Judge and therefore the learned counsel for the appellant is allowed to withdraw this appeal and approach the appropriate Forum for filing an appeal against the Judgment & Order passed by the learned Senior Civil Judge in Money Suit No.1 of 2014. RFA No. 26 of 2011 thus stands disposed. Comparing Assistant JUDGE

Questions this judgment answers

Which statutory provisions did this judgment involve?

Amendment Act, 2021; Mizoram Civil Courts Act — s. 17.

Which court decided this case, and when?

Gauhati High Court, on 16 Aug 2022. The bench was MARLI VANKUNG.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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