Unknown vs For
2023 Latest Caselaw 931 Tri

Tripura High Court

Unknown vs For on 8 December, 2023

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                        RSA No. 34 of 2023

For Appelant(s)        : Mr. S Bhattacharjee, Adv.

For Respondent(s)      : None.

HON'BLE MR. JUSTICE S. D. PURKAYASTHA

Order

08.12.2023

Heard Mr. S Bhattacharjee, learned counsel appearing for the

appellants.

Mr. Bhattacharjee, learned counsel submits that as per Order

8, Rule 6-A CPC, the main suit as well as the counter claim ought

to have been tried analogously and a common judgment was

supposed to have been passed, but the learned Trial Court

committed grave error of non-compliance of said provision

specially when there was no order for separate trials of both the

suit and the counter claim as per provision of Order 2, Rule 6 CPC.

Mr. Bhattacharjee, learned counsel further submits that the

learned First Appellate Court also missed the above said provisions

which further causes injustice to the appellants and therefore, the

second appeal is required to be admitted.

Considered and perused the record.

The second appeal is admitted on the following single

substantial questions of law:

"Whether the judgment of First Appellate Court is perverse at law for ignoring the fact of non-compliance of provision of Order 8, Rule 6-A CPC and whether that has caused miscarriage of justice."

Call for the records.

Notify the respondents by registered post with A/D at the

instance of the appellants.

The appellants are to take steps within a week from today.

Prepare the Paper Book after the LC record is received.

List the matter in its usual course.

JUDGE

SATABDI DUTTA Digitally signed by SATABDI DUTTA Date: 2023.12.11 16:40:47 +06'00'

Satabdi