Mr. Prabir Chowdhury vs None
2022 Latest Caselaw 393 Tri

                  HIGH COURT OF TRIPURA
                         AGARTALA
                     Rev. Pet. 13 of 2022
For the Petitioner(s)     :      Mr. Prabir Chowdhury, Sr. Advocate
                                 Mr. TK Deb, Advocate
For Respondent(s)         :      None

HON'BLE MR. JUSTICE ARINDAM LODH Order 31/03/2022 Heard Mr. Prabir Chowdhury, learned senior counsel assisted by Mr. T K Deb, learned counsel appearing for the review-petitioners. Mr. Chowdhury, learned counsel has submitted that he had filed an application under Order 41 Rule 27 of the CPC. By way of adducing additional evidence, the petitioner wanted to bring on record the survival certificate and a judgment passed by the Family Judge. Learned counsel has also submitted that when the petition for adducing additional evidence is allowed, then, it is the duty of the court to remand the matter to the court below.

I have perused the judgment.

This court has admitted the documents as evidence and also considered the documents i.e. the survival certificate and the judgment passed by the Family Judge. On consideration of those documents and considering the entirety of the merits of the substantial questions of law as formulated in this appeal, this court had passed its judgment on 29.01.2021. By way of filing the present review application, the petitioner has tried to reopen the issue regarding evidentiary value of the survival certificate and the judgment of the learned Family Judge as well. In my opinion, this cannot be the ground for review as I have already brought those documents into record having allowed the petition for additional evidence. I have considered those documents. So, the matter cannot be reopened in exercise of this court's jurisdiction under Section 114 of CPC.

Accordingly, the review application stands dismissed.

JUDGE Saikat