Tripura High Court
For vs For on 3 March, 2022
HIGH COURT OF TRIPURA
AGARTALA
RFA 10 of 2017
For Appellant(s) : Ms. S. Debgupta, Adv.
For Respondent(s) : Mr. S. Saha, Adv.
Mr. P. Saha, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
03/03/2022
In view of the order passed today in I.A.07 of 2022 arising from
RFA 10 of 2017 by allowing the amendment of the written statement filed by
the defendants No.1 and 2 and for emergence of the counter-narrative against
the proposed amendment, we are of the view that the facts which occurred lis
pendens required examination after due evidence is led. As such, this appeal
stands disposed of. The impugned judgment and decree dated 17.01.2017 and
07.02.2017 delivered in T.S.80 of 2013 by the Civil Judge, Senior Division,
Court No.2, West Tripura, Agartala stands set aside.
The suit being T.S.80 of 2013 is remanded for examination of the
facts as introduced by the amendment for determination of the suit. As this
court has allowed the amendment of the written statement of the defendants
No.1 and 2, the Civil Judge, Senior Division, Court No.2 shall afford the
plaintiff, if the plaintiff desires to file the rapplication, the scope to file the
rapplication. If the other defendants are inclined to file the additional written
statement, they shall be afforded accommodation for that purpose, in
accordance with law.
Thereafter, the Civil Judge, Senior Division, Court No.2 shall frame
the additional issues in view of the facts as occurred lis pendens, placed for
examination and proceed for recording the evidence. It is needless to say the
parties be allowed the opportunity to file the documents/instruments in support
of their respective pleadings. Thereafter, if the parties are inclined to examine
new witnesses, they will be allowed to adduce such witness and also to
introduce the documentary evidence.
Ms. S. Debgupta, learned counsel appearing for the appellant has
submitted that on prayer of the appellant, one document which has been
admitted and marked by this court as Exbt.X, be brought in the record. It is
needless to say that one document has been admitted by the court as the
additional evidence. Hence, Exbt.X forms part of the records.
Having considered the pleas of the parties, the suit be decided by
the Civil Judge, Senior Division, Court No.2. Before parting with the records,
the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala is directed
to explore the possibility of amicable settlement on the basis of the purported
family settlement as reflected in today's order passed in I.A.07 of 2022 [arising
from this appeal]
In the result, this appeal stands allowed to the extent as indicated
above.
Draw the decree accordingly.
Send down the records by a special messenger.
The respondents No.1 and 2 shall file their written statement within
21(twenty one) days from the date when the records will be received from the
Registry.
JUDGE JUDGE
Sabyasachi B
