None vs Mr. S. Deb
2021 Latest Caselaw 245 Tri

                        HIGH COURT OF TRIPURA
                              AGARTALA
                             CRP 98/2019
                                    PRESENT
For Petitioner(s)         :      None
For Respondent(s)         :      Mr. S. Deb, Sr. Advocate

Mr. S. Datta, Advocate Mr. DC Roy, Advocate HON'BLE MR. JUSTICE ARINDAM LODH Order 26/02/2021 None appears for the petitioners.

Heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Datta, learned counsel for the respondents No. 2 and 3 and Mr. DC Roy, learned counsel for the respondent no.1.

It appears that the respondent no. 4, mother of respondents no. 2 and 3 died on 13.03.2015. The legal heirs of respondent no. 4 were already impleaded in the suit. The suit was decreed in favour of the respondents. The decree was put to execution by the Decree Holders.

During execution proceeding, an objection was filed by one Mr. Parimal Chakraborty, questioning the demarcation of the property. He did not appear in the suit to substantiate that he had any interest over the suit land. The present petition was filed against the order rejecting the objection raised by said Parimal Chakraborty who is not even made a party in the present revision petition. In the petition, the petitioners have filed a substitution petition under Order 22 Rule 4(1) CPC to substitute the legal heirs of late Mina Choudhury, who died in the year 2015.

According to me, the said application is barred by law of limitation. Further, Mr. Deb, has submitted that all the legal heirs of late Mina Chowdhury were parties to the suit. Furthermore, the instant revision petition has been filed challenging the order dated 30.08.2019 in connection with Ex(T) 27 of 2016 rejecting the objection raised by one Sri Parimal Debbarma, noticeably, he did not challenge the said order of rejection, but, it was challenged by the judgment debtors.

Hence, I donot find any merit in the instant petition. Accordingly, the instant revision petition filed by the petitioners stands dismissed and disposed of accordingly.

Pending application(s), if any, also stands disposed of.

JUDGE

Saikat