1. By this revision petition the petitioners have assailed the -order dated 18. 6. 89 passed by the Addl. Deputy Commissioner (J), Phek in Money Suit No, 71/88. 2. Heard Mr. Iralu, learned counsel for the petitioners as well as Mr. N. Kezo learned counsel for the opposite parties. 3. The first submission of Mr. Iralu, learned counsel for the petitioner/defendants is that no proper plaint was filed before the learned Court below for adjudication. The second submission of Mr. Iralu is that enough opportunity was not given to adduce evidence on behalf of the petitioner/defendants. To this he has drawn to my attention to a letter dt. 7. 4. 89 written by Minister, Geology and Mining to Addl. Deputy Commissioner (J) Phek stating that the matter be expedited and justice is done to them. According to Mr, Jralu this has influenced the mind of the learned Court below to dispose of the case hurriedly without giving sufficient time to the petitioners/defend ants to adduce evidence in support of their case. 4. On the first league of submission, Rules for Administration of Justice and Police in Nagaland (for short Rules) has undergone further changes by 3rd Amendment Act, 1984 (Nagaland Act No. 18 of 1987) which is now enforce in Nagaland. It is now provided under Rules 24 Clause 1 of the Rules that every civil suit or action under this Chapter shall be presented in Court by filing a plaint which shall contain the following particulars s - a) the name of the court in which the suit or action is brought; b) the name and place of residence of the plaintiff; c) the name and place of residence of the defendant, so far as they can be ascertained; d) whether the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect; e) the brief facts necessitating the filing of the suit or action and when it arose; f) the facts showing that the court has jurisdiction j g) the relief which the plaintiff claims; 2) The defendant shall, on the date fixed, or within such time as the court may permit, present a written statement of his defence.
3) On perusal of the plaint and the written statement filed, the court shall ascertain upon what material proposition of fact or law the parties, are at variance, and shall thereupon frame issues of fact and law of which the right, decision of the case appears to depend. 5. When a rule or code provide specific provisions or procedure which has to be followed by a party to the litigation, it has to be construct strictly. From the plaint/complaint (whatever it may be called) filed, a copy of which is available in the case record and marked as Annexure C to the petition, under the heading "In the matter of":-An appeal for a stolen of Timbers. This apart on the prayer of relief sought, it is mentioned in clause 2, "That the plaintiff should compensated for Wrongful lost and criminally cheated'. It is thus found that a petition contained a handle of fact of criminal and civil liabilities. From this, 1 am unable to make out whether the suit/petition before the Court below was a civil suit or a Money Suit or a criminal case. This would create a problem for the Court to arrive at a just decision, of course in the instant .case the learned Court below treated it as a Monty Suit and acted accordingly which in my view is not proper and the same has be set aside which I hereby do. The learned Court below should have directed the parties to file a proper plaint in terms of Rules 24 Clause I of the Rules for Administration of Justice and Police in Nagaland (as amended) when the same is intended to be a civil suit. 6. As regards to the second league of submission of Mr. Iralu learned counsel for the petitioner, I am constrained to note that such letter addressed to a Judicial Officer who is dispensing justice under the principle of law; equity and good conscience, would amount to interference in the administration of justice. This has to be deprecated. 7.In view of what has been stated above, I propose to dispose of the Civil Revision without entering into the merits of this case, with a direction that the party may file a proper suit in terms of Rules 24 Clause I for Administration of Justice and Police in Naga Hills District, if so advised, before the Addl.
7.In view of what has been stated above, I propose to dispose of the Civil Revision without entering into the merits of this case, with a direction that the party may file a proper suit in terms of Rules 24 Clause I for Administration of Justice and Police in Naga Hills District, if so advised, before the Addl. Deputy Commissioner (J), Phek who shall dispose the matter in accordance with rules and, procedure as visualised in law. It is made clear that if any party file proper plaint the other party shall be given opportunity of filing written statement and contested the suit by adducing evidence and or by giving enough opportunity of hearing. 8. Before parting with this case, I must hasten to add that whenever officers are appointed to administer civil and criminal justice under the Rules, they must follow the procedure in performing their task. People residing in backward areas who are unfamiliar with the Rules because of backwardness can not be expected to make themselves aware of this Rules. In such event tie officers who are appointed to administer civil and criminal justice under the Rules should, acquaint with the people the provision of Rules so that they can present their cases effectively and justice may not fail. This is a part of Administration of Justice. 9. With this direction, the petition is disposed of. Parries are asked to bear their own cost. Office to send down the case record forthwith. Furnish copy of this order to Law Department for circulation to all the Magistrates in Nagaland.