Tripura High Court
Mr. A. Nandi vs None on 10 March, 2022
HIGH COURT OF TRIPURA
AGARTALA
Review Petition 9 of 2022
For Petitioner(s) : Mr. A. Nandi, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
10.03.2022
This is a review petition under Order XLVII Rule 1(b) read
with Section 114 of CPC, 1908 against the order dated 14.02.2022 in
Case No.CRP 06 of 2022 passed by this court.
[2] When the case was heard and disposed on 14.02.2022, this
court has pointed out with regard to non-filing of copy of the plaint and
order passed, if any, in the Title Suit 20 of 2008 in the court of Civil
Judge, Junior Division, Bishalgarh, West Tripura in order to weed out
the observation made by trial court on the point of resjudicata, common
parties having filed earlier suit.
[3] Earlier, this court has not recorded entire court proceedings
of Mr. Nandi's representation on 14.02.2022 in order to not to put him
in an embarrassment situation. But now, this court feels it is relevant to
record the proceedings which have happened in the court on
14.02.2022.
[4] Mr. A Nandi, learned counsel appearing for the petitioner
has specifically insisted before this court that he will not be in a position
to file copy of plaint & order pointed out, if any, by this court in order to
resolve resjudicata. He expressed its time taking process to place the
copies on record. At that juncture, this court has indicated that four
weeks time would be granted for obtaining the copies and placing them
before this court to weed out the point on res judicata. But the counsel
insisted that the case should be heard and appropriate order should be
passed immediately. Having no option, this court had heard him and
passed the orders holding that the petitioner has not approached before
this court with clean hands. The action of the petitioner in not producing
documents before this court, is nothing else but suppression of facts. In
view of the same, CRP 06 of 2022 was dismissed.
[5] The present review application has been filed on 24.02.2022
and the counsel has represented before this court that he was not
reluctant to produce the document to place on record. He further relied
on the following three judgments of the apex court. (i) Pandit
Ishwardas vs State of Madhya Pradesh reported in 1979 (4) SCC 163,
(ii) City Municipal Council Bhalki vs. Gurappa(D) (decided on
29.09.2015) and (iii) Amarendra Komalam vs. Usha Sinha reported in
2005 AIR(SC) 2758.
[6] After a fair reading of the judgments, this court feels that
they are not applicable to the facts of the case. This court has no
hesitation to say that there are laches on the part of the petitioner and
further by way of this review petition, the opportunity of reopening the
case cannot be extended. This attitude of facing a dismissal and again
coming back by way of review petition by filing documents which were
already there in existence at the time of filing of CRP 06 of 2022 and
the judgments which are cited now before this court were as well in
existence at the time of filing of the CR 06 of 2022. This casual
approach towards judiciary cannot be encouraged. No case has been
made out for reviewing the order dated 14.02.2022 under Section 114
of the CPC.
[7] Hence, the review petition is dismissed with costs of
Rs.10,000/-. Costs to be paid to the Tripura High Court Bar Association.
[8] A copy of this order be marked to President of Tripura High
Court Bar Association.
JUDGE
Dipak
