F. Laldingliani D/o Kapthanga (L) v. R. Lalremruata S/o Jacob (L)
2025-07-25
MARLI VANKUNG
body2025
DigiLaw.ai
JUDGEMENT : MARLI VANKUNG, J. Heard Mr. J.H. Ramneihmawia, learned counsel for the appellant. Also heard Mr. Johny L. Tochhawng, learned Legal Aid Counsel for the respondent. 2. This is an appeal filed under Section 17(2)(b) of the Mizoram Civil Court’s Act, 2005 r/w Section 96 of the Civil Procedure Code, 1908 against the impugned order dated 26.06.2023 passed by the learned Senior Civil Judge-III, Aizawl in Heirship Certificate Application No. 497/2021, wherein the learned Trial Court had dismissed the Heirship Certificate Application No. 497/2021, by finding that the petitioner was not maintainable in its present form and style and had directed the parties to approach a competent civil court and file an appropriate suit by making payment of the requisite court fees and so on. 3. Brief facts of the case is that the appellant on the demise of her mother Smt. Lalchuailovi (L) had filed the Heirship Certificate Application before the Civil Judge-III in respect of the landed property covered under LSC No. AZL-2720 of 1985 which was registered as Heirship Certificate Application No. 1069/2017. The application was contested by the respondent, and Heirship Certificate No. 1069/2017 was issued in favour of the appellant vide order dated 07.07.2017. Being aggrieved, an appeal was filed by the respondent before the Addl. District & Sessions Judge, which was registered as RFA No. 22/2017, wherein the learned Addl. District & Sessions Judge set aside the order dated 07.07.2017, passed in Heirship Certificate Application No. 1069/2017, by remanding back the case for trial denovo vide order dated 18.06.2019 in RFA No. 22/2017. The Civil Judge-III after hearing the parties passed an order dated 26.11.2019, wherein it opined that the value of the subject matter is beyond the pecuniary jurisdiction of the Civil Judge and the parties were directed to approach the appropriate forum and the Heirship Certificate Application No. 1069/2017 was returned to the appellant as per Order 7 Rule 10 of the Civil Procedure Code, 1908. The appellant subsequently again submitted the Heirship Certificate Application before the Senior Civil Judge-III, Aizawl in respect of LSC No. AZL-2720 of 1985 which was left by her mother Smt. Lalchuailovi (L), which was registered as Heirship Certificate Application No. 497/2021, by making the respondent as the opposite party. A written objection/written statement was also filed by the respondent.
The appellant subsequently again submitted the Heirship Certificate Application before the Senior Civil Judge-III, Aizawl in respect of LSC No. AZL-2720 of 1985 which was left by her mother Smt. Lalchuailovi (L), which was registered as Heirship Certificate Application No. 497/2021, by making the respondent as the opposite party. A written objection/written statement was also filed by the respondent. However, after the pleadings were complete, the learned Senior Civil Judge without framing any issues, had passed the impugned order dated 26.06.2023, by stating that the parties were to approach a competent civil court and file an appropriate suit by making payment of requisite fees. 4. Mr. J.H. Ramneihmawia, learned counsel for the petitioner, aggrieved by the impugned order, submitted that the learned Senior Civil Judge had erred in not framing any issues before conducting a preliminary hearing. He further stated that the instant case is an application for issuance of Heirship Certificate under Section 30(3) of the Mizo Marriage, Divorce & Inheritance of Property Act, 2014 and accordingly, the application for issuance of Heirship Certificate is made as per the Schedule-4 of the Act. He submitted that the instant case is not a civil suit and the learned Senior Civil Judge-III had erred in directing that a civil suit should be filed. He further submitted that the appropriate forum is the court of Senior Civil Judge which has the pecuniary jurisdiction to consider the Heirship Certificate Application, wherein the mentioned LSC No. AZL 2720/1985 is valued above Rs. 10,00,000/-. 5. The learned counsel thus submitted that the impugned order dated 26.06.2023 may be set aside and the matter be remanded back to the learned Senior Civil Judge for consideration of the Heirship Certificate Application after framing of issues and on hearing both the parties. 6. Mr. Johny L. Tochhawng, learned Legal Aid Counsel, in all fairness submits that he has no objection to the matter being remanded back to the Senior Civil Judge, since the Senior Civil Judge is the appropriate forum to consider the Heirship Certificate Application filed by the appellant in respect of the LSC No. AZL 2720/1985 on the demise of Smt. Lalchuailovi (L). 7.
7. Having considered the submissions made by the learned counsels for both the parties, this court finds that the application for issuance of Heirship Certificate is made under Section 30(3) of the Mizo Marriage, Divorce & Inheritance of Property Act, 2014 and thus Schedule-4 of the Act is a prescribed format under which the said application for issuance of Heirship Certificate is to be made. This court thus finds that the appellant has rightly made an application for issuance of Heirship Certificate as mandated by the Mizo Marriage, Divorce & Inheritance of Property Act, 2014. 8. This court also finds that the Senior Civil Judge is the appropriate forum to consider the application since it is submitted that the property involved which is LSC No. AZL-2720 of 1985 is valued above Rs. 10,00,000/-. 9. Accordingly, this court finds it fit to set aside and quash the impugned order dated 26.06.2023 passed by the Senior Civil Judge-III, Aizawl and remand the case back to the learned Senior Civil Judge-III, wherein after framing of issues the matter should be decided by giving both the parties the opportunity to adduce their evidence as per law. Accordingly, both the parties are to appear before the learned court of Senior Civil Judge-III, Aizawl on 20.08.2025 for necessary further steps. 10. RFA No. 37/2023 thus stands allowed and disposed of as above.