Deoris Marbaniang v. State of Meghalaya represented by the Commissioner & Secretary, Sports & Youth Affairs Department, Meghalaya, Shillong
2015-04-01
T.NANDAKUMAR SINGH
body2015
DigiLaw.ai
ORDER (ORAL) Heard Mr. MF Quershi, learned counsel for the petitioner and Mr. KS Kynjing, learned Advocate General assisted by Mr. K Khan, learned Addl. Sr. GA appearing for the respondents. 2. This revision petition is directed against the impugned ex-parte stay order dated 25.02.2015 passed in M.C. No.10 (T) of 2015 arising out of Review Petition No.10 (T) of 2015 by the learned Additional Deputy Commissioner. The petitioner had instituted a suit being Money Suit No.24 (T) 2009 in the Court of Assistant to Deputy Commissioner, Shillong for recovery of money against the sports goods supplied to the respondents/defendants. It is also alleged in the present revision petition that the respondents neither filed written statement nor adduced any evidence in the said money suit i.e. Money Suit No.24 (T) 2009. It is really surprising that the State respondents, who were the defendants in the money suit, did not file written statement nor care to produce any evidence. The trial court after hearing the parties passed the judgment and decree dated 19.08.2011. Against that judgment and decree dated 19.08.2011 of the learned trial court, the respondents/defendants filed an appeal being Civil Appeal No.02 (T) 2011 before the learned Additional Deputy Commissioner, Shillong; and that appeal had been re-numbered as FAO No.16 (T) 2012 (Old) and again as FAO No.10 (T) 2013 (New). After hearing the parties, learned first appellate court had finally passed the judgment and order dated 19.12.2014 in FAO No.10 (T) 2013 by dismissing the appeal and thereby upholding the judgment and decree dated 19.08.2011 passed in Money Suit No.24 (T) 2009. 3. It is the submission of Mr.
After hearing the parties, learned first appellate court had finally passed the judgment and order dated 19.12.2014 in FAO No.10 (T) 2013 by dismissing the appeal and thereby upholding the judgment and decree dated 19.08.2011 passed in Money Suit No.24 (T) 2009. 3. It is the submission of Mr. MF Quershi, learned counsel for the petitioner (plaintiff in the said Money Suit No.24 (T) 2009) that the respondents/defendants instead of filing the second appeal or revision against the said judgment and order of the first appellate court which upheld the judgment and decree of the trial court before the competent court, the respondents/defendants had filed the review petition i.e. Review Petition No.1 (T) 2015 for reviewing the judgment and decree of the first appellate court in the court of the Additional Deputy Commissioner, Shillong; the said review petition was accompanied with an application for stay i.e. M.C. No.10 (T) 2015 (Reference Review Petition No.1 (T) 2015) and the Additional Deputy Commissioner (first appellate court) passed the impugned ex-parte stay order dated 25.02.2015, after hearing the submission of the learned Advocate General and learned Sr. GA, for staying the operation of the said judgment and order of the learned first appellate court dated 19.12.2014 in FAO No.10 (T) 2013. Hence, this revision petition against the said ex-parte stay order. 4. After hearing the submissions of the learned counsel appearing for the parties, it is clear that the present petitioner/plaintiff has not yet entered appearance in connection with the said review petition i.e. Review Petition No.1 (T) 2015 in the court of the Additional Deputy Commissioner, Shillong (first appellate court). As such, it is clear that the Additional Deputy Commissioner (first appellate court) is yet to decide the review petition. Calling of the records from the first appellate court in the connection with the present revision petition shall cause unnecessary delay in disposal of the Review Petition No.1 (T) 2015 on merit. 5. In the above factual backdrop, this revision petition is disposed of by directing the Additional Deputy Commissioner, Shillong/First Appellate Court in which the said review petition is pending to dispose of the said Review Petition No.1 (T) 2015 within a period of two months from the date of receipt of a certified copy of this judgment and order.
5. In the above factual backdrop, this revision petition is disposed of by directing the Additional Deputy Commissioner, Shillong/First Appellate Court in which the said review petition is pending to dispose of the said Review Petition No.1 (T) 2015 within a period of two months from the date of receipt of a certified copy of this judgment and order. It is made clear that the said Review Petition No.1 (T) 2015 cannot be kept pending only on the ground that the Presiding Officer of the First Appellate Court had been transferred inasmuch as, the review petition has to be taken up by the First Appellate Court i.e. the District Judge/Additional Deputy Commissioner, Shillong. The parties are directed to appear before the said First Appellate Court in which the said Review Petition No.1 (T) is pending on 15.04.2015. 6. With the above observations and directions, this revision petition is disposed of.