Tripura High Court
For vs For on 11 February, 2021
Page 1 of 2
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
SAO. No. 01 of 2020
For Appellant(s) : Mr. D. R. Chowdhury, Advocate.
For Respondent(s) : Mr. A. De, Advocate.
HON'BLE MR. JUSTICE ARINDAM LODH
_O_ R_ D_ E_ R_
11/02/2021
Heard. Mr. D. R. Chowdhury, learned counsel appearing for the
appellants. Also heard Mr. A. De, learned counsel appearing for the
respondents.
After hearing the learned counsel appearing for the parties, in my
opinion, without dragging the present dispute further, it can be remitted for
fresh hearing by the learned First Appellate Court.
Briefly stated, the respondents herein, had filed a title suit before the
learned Civil Judge, Sr. Division and that title suit was decreed in favour of the
respondents after hearing the contesting parties. Against that decree, the present
appellants of the SAO had preferred an appeal. Problem arose, before filing
that first appeal the respondent No.3 died but, as the fact was not known to the
appellants herein, they included the respondent No. 3 in the memo of appeal.
Thereafter, it was detected that the respondent No. 3 died and they filed
a petition for substitution of legal heirs of the respondent No.3 along with a
petition for condonation of delay. In the condonation application, there were
some defects regarding mentioning of date and for that reason, the learned First
Appellate Court had rejected the prayer of the present appellants holding that
the appeal was abated. Against that, this second appeal against order has been
filed by the appellants and here they have incorporated the legal heirs of
respondent No.3 and also deposited the requisites to issue notice upon the legal
heirs of respondent No.3.
In view of the aforesaid reasons, I do not think the matter is to be
dragged further in this Court and it would be better if the dispute is heard by
the learned First Appellate Court incorporating the legal heirs of the respondent
No.3 as respondent No. 3(a), 3(b) and 3(c) and proceed with the appeal for
disposal. Justice is not only to be done but it is shown to be done
In the above terms, the present appeal stands disposed. Registry is
directed to send the record of the case immediately to the learned First
Appellate Court. It is a case of 2016, so the appeal may be disposed off within
a period of 3[three] months from the date of receipt of the record along with the
copy of this order.
It is made clear that the judgment and order that the appeal was abated
as passed by the Appellate Court are set aside and first appeal being revived, I
direct that the First Appellate Court shall incorporate the legal heirs of the
respondents No.3 as respondent Nos. 3(a), 3(b) and 3(c) for the purpose of
decision of appeal on merits.
JUDGE
A. Ghosh
