Mr. N. Majumder vs Mr. B. Majumder
2023 Latest Caselaw 494 Tri

                                               HIGH COURT OF TRIPURA
                                                     AGARTALA
                                              Review Petition 42 of 2023

        For Petitioner(s)                        : Mr. N. Majumder, Adv.
        For Respondent(s)                        : Mr. B. Majumder, Deputy SGI.

                                     HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                                         ORDER

03.07.2023

Heard Mr. N. Majumder, learned counsel appearing for the review

petitioner.

This review petition is filed by the petitioner under Section 114 of Civil

Procedure Code, 1908 read with under Section 151 for review of the judgment and order

dated 26.04.2023 passed by the Hon'ble High Court in LA. Appeal 35 of 2022.

It is submitted by the counsel for the review petitioner that he produced

certain documents by filing a separate petition under Order XLI Rule 27 of CPC, 1908 in

LA Appeal 35 of 2022 for granting leave of documents and acceptance as documents. He

further submitted that the instant review petition has supplementary/additional

documents but in absence of documentary evidence the Hon'ble Court upheld the

judgment and award passed by the LA. Judge which required to be reviewed. The

documents submitted by way of a petition under Order XLI Rule 27 of Civil Procedure

Code, 1908 read with Section 151 of the Code ibid, for granting leave and acceptance of

additional documents i.e. production of supplementary/ additional documents may kindly

be allowed and for re-hearing the LA Appeal 35 of 2022 for meeting the ends of justice.

Mr. N. Majumder, learned counsel for the review petitioner, as it appears to

this court, could not satisfy this court when asked about the maintainability of the case.

Further, it is also revealed that the documents which the counsel for the review

petitioner wants this court to add for rehearing the LA Appeal 35 of 2022 were not

produced by him earlier during adjudication of the said appeal and when they were very

much available with the petitioner. There are laches on the part of the petitioner. Now,

at this juncture, this court cannot allow this review petition to be reopened for the

mistake committed on the part of the review petitioner.

In view of the above discussion the instant review petition stands

dismissed.

                                                                                   JUDGE
Dipak
             Digitally signed by

DIPAK DAS    DIPAK DAS
             Date: 2023.07.05
             17:44:45 +05'30'