In the ongoing legal battle over installation of office bearers of Naga Council Dimapur (NCD), the principal district & sessions judge (PD&SJ) of Dimapur has upheld the October 19, 2020 ruling of the civil judge (senior division), Dimapur.
The judge on December 16, 2020 dismissed an appeal filed by former Naga Council Dimapur (NCD) president T. Bangerloba Ao and nine others to quash the order of civil judge (senior division).
The court upheld the admission of Interlocutory Appeal (IA 93/2020) by the civil judge (senior division) and the resultant order passed by the latter on October 19. The court was of the view that the trial court had dealt with the rival contentions exhaustively and had passed the order on October 19 on merits after due consideration of the prima facie case of the plaintiffs/respondents, the balance of convenience in their favour and the injuries likely to be caused if the appellants/defendants were not restrained from functioning as office bearers of NCD.
In view of the aforesaid legal position regarding procedure vis-à-vis justice and under the facts and circumstances of this case, where the plaintiffs/respondents clearly have a prima facie case in their favour, the judge said the trial court had rightly admitted the IA 93/2020 and passed the October 19 order exercising inherent powers under Sec. 151 of the CPC.
The judge ruled that it did not see that any case for interference was made out by the appellants.
Consequently, the judge dismissed the appeal and ordered that the LCR be returned to the court of civil judge (senior division), Dimapur.
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