JUDGMENT : S.R. Sen, J. Heard Mr. S.C. Chakrawarty, learned Sr. counsel assisted by Ms. R. Sumer, learned counsel appearing on behalf of the petitioner as well as Mr. K.S. Kynjing, learned Sr. counsel assisted by Mr. L. Shongwan, learned counsel appearing on behalf of the respondent No. 2 and Mr. C.H. Mawlong, learned counsel appearing on behalf of the respondent No. 1. 2. The brief fact of the petitioner's case in a nutshell is that: "The petitioner above named is the conglomerat ion of the various Dorbars of the different localities in and around Laban in Shillong which include Laban, Madan Laban, Raid Laban, Lumparing, and Lawsohtun. Be it stated here that according to the traditional customs and usages, the system of conglomeration of more than one (1) village or locality under one common platform has been prevalent in different parts of Khasi Hills including Laban and its adjoining localities. In Laban such federation of Dorbars is termed as the Raid Laban Dorbar and the petitioner above named is comprised of the Rangbah Shnong or Headmen and the Secretary of every constituent locality as its ex-officio members along with other prominent residents from each locality as its members. The respondent No. 1 is the Dorbar Shnong of the Lawsohtun locality which is within the territory of the petitioner Raid Laban Dorbar and a const ituent of the petitioner. The respondent No. 2 is the traditional head or chief of the Hima Mylliem and all Dorbar Shnongs and Raids in the Hima are subordinate to the respondent No. 2 and subject to his jurisdiction in accordance with law. Some dispute having arisen between the petitioner and the respondent No. 1 with regard to the administration of an area known as Umjasai within the territory of the petitioner, the petitioner as plaintiff, instituted the Title Suit No. 2 of 2013 in the District Council Court at Shillong against the respondent No. 2 as the proforma defendant, praying for declarations and permanent injunctions as well as other consequential relief’s, and the suit was endorsed for trial in the Court of the Presiding Officer, Subordinate District Council Court, Khasi Hills Autonomous District Council, at Shillong. Along with the said Title Suit No. 2 of 2013, the Miscellaneous Case No. 2 of 2013 was also instituted by the petitioner against the respondents praying for certain temporary injunction. Along with the said Title Suit No. 2 of 2013, the Miscellaneous Case No. 2 of 2013 was also instituted by the petitioner against the respondents praying for certain temporary injunction. The respondent No. 1 duly contested the said Title Suit No. 2 of 2013 by filing the written statement. The respondent No. 1 also filed a show cause contesting the petitioner 's case in the aforesaid Miscellaneous Case No. 2 of 2013. In the meanwhile the Honourable Trial Court made an order dated 06.09.2013 in the said Miscellaneous Case No. 2 of 2013 whereby certain direct ions were given to the office-in-charge of the Laban Police Station with regard to the management and administration until further orders of the said disputed area named Umjasai. Being aggrieved by the said order dated 06.09.2013 of the Honourable Trial Court in the said Miscellaneous Case No. 2 of 2013, the respondent No. 1 preferred the Miscellaneous Civil Appeal No. 16 of 2013 before the Honourable Judge, District Council Court, at Shillong, whereupon the Honourable Judge, District Council Court , at Shillong was pleased to make the order dated 10.10.2013 admit ting the Appeal and also staying the operation of the said impugned order dated 06.09.2013. Being aggrieved by the said order dated 10.10.2013 the said Miscellaneous Civil Appeal No. 16 of 2013 in the Court of the Judge, District Council Court, at Shillong, the petitioner instituted the Writ Petition (Civil) No. 376 of 2013 before Honourable The High Court of Meghalaya and the same was finally disposed off by the judgment and order dated 11.11.2014 whereby appropriate directions were given for the administration of the disputed area of Umjasai and the graveyards therein by the Government of Meghalaya through the Police Department t ill the pending Civil Suit is finally decided together with other observations and directions. Meanwhile the respondent No. 1 f iled an application dated 21.03.2014 in the said Miscellaneous Civil Appeal No. 16 of 2013 in the Court of the Judge, District Council Court, at Shillong, stated to be under Rule 32(b)(iii) of the United Khasi Jaintia Hills Autonomous District (Administrat ion of Just ice) Rules, 1953, whereby it was prayed that the said Title Suit No. 2 of 2013 be withdrawn from the Subordinate District Council Court, at Shillong, and be tried there. The said petition dated 21.03.2014 filed by the respondent No. 1 in the said Miscellaneous Civil Appeal No. 16 of 2013 was duly contested by the petitioner above named by filing the show cause. Meanwhile the Honourable Court of the Judge, District Council Court, at Shillong, made the order dated 19.03.2015 in the said Miscellaneous Civil Appeal No. 16 of 2013 whereby the said appeal was found to have become infructuous in view of the order dated 11.11.2014 passed by the Honourable The High Court of Meghalaya in the said Writ Petition (Civil) No. 376 of 2013. However the said petition dated 21.03.2014 for withdrawal and trial of the main Title Suit by the said First Appellate Court at Shillong, filed by the respondent No. 1 was kept pending, fixing the next date for show cause and hearing. Thereafter the Honourable Court of the Judge, District Council Court, at Shillong, made the order dated 10.10.2015 in the said Miscellaneous Civil Appeal No. 16 of 2013 whereby the said petition dated 21.03.2014 was allowed and the said Title Suit No. 2 of 2013 was withdrawn for trial in the Court of the Judge, District Council Court, at Shillong, the said Title Suit No. 2 of 2013 was renumbered as the Title Suit No. 1 of 2016 and by the order dated 05.02.2016 the suit was fixed for filing of suggested issues by the plaintiff . Subsequently the petitioner as plaintiff filed the pet it ion dated 04.05.2016 in the said Title Suit No. 1 of 2016 in the Court of the Judge, District Council Court, at Shillong, whereby it was brought on record that the objections of the petitioner as plaintiff which had been filed with regard to the withdrawal and trial of the suit before the Court had not been taken into account and so speaking order had been passed on the said object ion whereupon an appropriate order was required to be passed before proceeding further with the suit . The said pet it ion dated 04.05.2016 was finally decided and rejected by the order dated 16.06.2017 in the said Title Suit No. 1 of 2016 in the Court of the Judge, District Council Court , at Shillong, and the suit was fixed for further proceeding as per law. " 3. The learned Sr. The said pet it ion dated 04.05.2016 was finally decided and rejected by the order dated 16.06.2017 in the said Title Suit No. 1 of 2016 in the Court of the Judge, District Council Court , at Shillong, and the suit was fixed for further proceeding as per law. " 3. The learned Sr. counsel appearing on behalf of the petitioner assailed that the Judge, District Council Court sou moto took the Miscellaneous Civil Appeal No. 16 of 2013 without giving any opportunity to the petitioner. He further assailed that as per Rule 32(b)(iii) of the United Khasi-Jaintia Hills Autonomous District Council (Administration of Justice) Rules, 1953 the petition dated 04.05.2016 was finally decided and rejected vide order dated 16.06.2017 in the Title Suit No. 1 of 2016 in the Court of the Judge, District Council, Shillong and fixed for further proceeding as per law. 4. In reply to the submission advanced by the learned Sr. counsel for the petitioner, the learned Sr. counsel appearing on behalf of the respondent No. 2 as well as the learned counsel appearing on behalf of the respondent No. 1 submit that inspite of giving ample opportunity, the petitioner had chosen to remain absent, as a result the Judge, District Council Court, Shillong had to take steps and to pass necessary order. 5. I have perused the impugned order dated 16.06.2017 passed in Title Suit No. 1 of 2016 and I have also gone through the provision of Rule 32(b)(iii) of the United Khasi-Jaintia Hills Autonomous District Council (Administration of Justice) Rules, 1953 wherein after perusal of the said Rule, I am of the considered view that the Judge, District Council Court, Shillong has not committed any wrong. However, since the petitioner approached this Court and could not assail his pros and cons issues, I feel that it is a fit case to remand back the matter to the Court concerned with a direction that, let the petitioner be heard and then to decide the matter in accordance with law. Accordingly, the impugned order dated 16.06.2017 passed in Title Suit No. 1 of 2016 is set aside and the matter is hereby remand back to the Court concerned for fresh hearing. 6. With this observation and direction the instant petition stands disposed of. 7. Accordingly, the impugned order dated 16.06.2017 passed in Title Suit No. 1 of 2016 is set aside and the matter is hereby remand back to the Court concerned for fresh hearing. 6. With this observation and direction the instant petition stands disposed of. 7. The Registry is directed to send back the Lower Court case record to the concerned Court along with a copy of this judgment and order.