Tripura High Court
For vs For on 27 January, 2022
HIGH COURT OF TRIPURA
AGARTALA
RFA No. 01 of 2021
For Appellant(s) : Mr. S Pandit, Adv.
For Respondent(s) : Mr. D Bhattacharjee, GA.
Mr. S Saha, Adv.
Mr. P Chakraborty, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
Order
27.01.2022
Heard Mr. S Pandit, learned counsel appearing for the appellants as well as
Mr. P Chakraborty, learned counsel appearing for the respondent No.1 and Mr. D
Bhattacharjee, learned GA assisted by Mr. S Saha, learned counsel appearing for the
respondent No. 3.
It may be noted that the respondents No.2 & 3 for obvious reasons, as
there is no relief against them, did not appear in the court below.
By means of this appeal, the judgment dated 27.11.2017, delivered in
Money Suit No. 11/2016 by the Civil Judge, Senior Division, Court No.4, West Tripura,
Agartala has been challenged.
At the time of hearing, Mr. Pandit, learned counsel has submitted that by
way of substituted service, the notice in respect of the appellants, who are the defendants
in the suit, was published in a Bengali news paper. This is the admitted position that both
the appellants are Hindi speaking and it is not expected from a Hindi speaking person that
they would read Bengali newspaper for any purpose. As such, it has been contended by
Mr. Pandit, learned counsel that the appellants did not receive any notice from the court
and they did not know anything of the suit. As a result, they could not contest the suit. An
ex-parte decree has been passed against them.
Mr. P Chakraborty, learned counsel, in his usual fairness, has submitted
that in all likelihood, this might happen in the manner, as has been stated by the
appellant. Therefore, he has proposed that, at this stage, the appeal may be allowed by
setting aside the impugned judgment on providing a reasonable time to the defendants
No.1 & 2 for filing the written statement.
On the basis of that consensus, to which Mr. Bhattacharjee, learned GA
has also not shown any reservation, this appeal stands allowed. The impugned judgment
dated 17.11.2017 stands set aside. The suit is remanded to the court of Civil Judge,
Senior Division, Court No.4, West Tripura, Agartala for proceeding from the stage of filing
the written statement.
The suit shall be listed before the court of Civil Judge, Senior Division,
Court No.4, West Tripura, Agartala on 15.03.2022.
In the meanwhile, the defendants No.1 & 2, the appellant herein, shall file
their written statement or they may take co-related or associated action as warranted in
the circumstances.
It is made absolutely clear that if within the stipulated time, the written
statement/statements are not filed by the defendants No.1 & 2, the Civil Judge shall
proceed with the suit ex-parte.
It is also made further clear that no fresh notice will be issued for the
defendants No. 1 & 2, as they are represented by their counsel. As such, the notice has to
be deemed to have been properly served on the defendants No.1 & 2.
In terms of the above, prepare the decree.
A copy of this order be sent to the Civil Judge, Senior Division, Court No.4,
West Tripura, Agartala forthwith.
The presence of the respondent No. 2 has not been considered necessary,
as the respondent No.2 did not contest the suit, despite due notice from the said court.
JUDGE JUDGE
satabdi
