Sikkim High Court
Ambika Pradhan And Ano vs State Of Sikkim And Ors on 6 December, 2023
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
W.P.(C) No. 42/2023
AMBIKA PRADHAN AND ANO. PETITIONER (S)
VERSUS
STATE OF SIKKIM AND ORS. RESPONDENT (S)
For Petitioners : Mr. Jorgay Namka, Senior Advocate as Legal
Aid Counsel with Ms. Phu Doma Bhutia, Legal Aid
Counsel.
For Respondents No. : Mr. Thinlay Dorjee Bhutia, Government Advocate,
1, 2, 5 to 9 Mr. Shakil Raj Karki, Assistant Government
Advocate.
For Respondents No. : Mr. S.S. Hamal, Senior Advocate with Ms. Sabina
3, 4 and 10 Chettri, Mr. Leda T. Bhutia and Mr. Pradeep
Sharma, Advocates.
Date: 06/12/2023
CORAM :
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
...
ORDER
This writ petition has been filed by two writ petitioners, namely, Ms.
Ambika Pradhan and Ms. Anuka Pradhan, essentially seeking this Court's
intervention for issuance of necessary direction upon the respondents no.1 and 2
for amendment of the Sikkim Civil Courts Act, 1978 (for short, "the Act").
The genesis of the matter pertains to a civil suit, titled, Ambika Pradhan &
Anr. Vs Mr. Purna Kumar Pradhan & 7 Ors., which was instituted in the Court of
the learned Civil Judge (Senior Division) at Gangtok on 18th May, 2020. The writ
petitioners before this Court are the plaintiffs before the learned Civil Judge
(Senior Division) at Gangtok. The private respondents before this Court are
defendants before the learned Civil Judge (Senior Division) at Gangtok. A
judgment and decree was passed by the learned Civil Judge (Senior Division) at
Gangtok on 31st March, 2023, in Title Suit No. 07 of 2020. By the said judgment
and decree, the suit instituted by the plaintiffs, being Title Suit No.07 of 2020,
stood dismissed by the learned Civil Judge (Senior Division) at Gangtok. Against
Page 1 of 3 COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings
the judgment and decree dated 31st March, 2023, the plaintiffs preferred an
appeal before the learned Principal District Judge at Gangtok, being Title Appeal
No. 04 of 2023. This appeal is pending adjudication before the learned Principal
District Judge at Gangtok.
The issue sought to be raised before this Court by the petitioners is that
while section 16 of the Act was amended several times (lastly in the year 2013),
corresponding amendment was not made in respect of sections 17 and 18 of the
said Act. This has created an anomalous situation which has been elaborated in
paragraphs 13 to 18 of the writ petition. According to the writ petitioners, if the
corresponding amendments are carried out, the Principal District Judge, Gangtok,
will have full competence and jurisdiction to entertain, try and determine the
appeal, as presented by the plaintiffs in respect of the judgment and decree
dated 31st March, 2023. Otherwise, the forum will be the High Court of Sikkim
and thereby the appellants will lose one appellate forum in the process.
During the course of hearing of the matter, the learned Government
Advocate submits, on instruction, that this issue is being examined by the
competent authority of the State and necessary amendments will be carried out
soon.
Considering the submission made by the learned Government Advocate,
this Court is of the view that no mandatory order is required to be passed in the
writ petition, as prayed for by the writ petitioners. The competent authority of the
State shall take necessary steps to carry out the necessary amendments within a
reasonable period of time, preferably within three (3) months.
In the meanwhile, the learned Principal District Judge at Gangtok shall be
at liberty to continue hearing out the Title Appeal strictly on its merit without
being influenced in any manner by any observation made by this Court. Needless
to mention, the final outcome of the said appeal shall be subject to the
amendments being carried out in the meanwhile.
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COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings
Since no affidavits have been called for, allegations made in the writ
petition are deemed to be not admitted by the respondents.
The writ petition, being W.P.(C) No.42 of 2023, stands accordingly disposed
of.
(Biswanath Somadder) Chief Justice jk/avi/ami
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