Tripura High Court
Shri Netai Chandra Paul And Others vs Smt. Sikha Rani Paul And Others on 1 March, 2023
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
CRP No.06 of 2023
Shri Netai Chandra Paul and others
.....Petitioner(s)
VERSUS
Smt. Sikha Rani Paul and others
.....Respondent(s)
For Petitioner(s) : Mr. R.R. Datta, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE (ACTING)
ORDER
01.03.2023
Heard Mr. R.R. Datta, learned counsel appearing for the
petitioners. No representation is made on behalf of the respondents.
[2] The present revision petition has been filed by the petitioners
under Article 227 of the Constitution of India for setting aside the order
dated 06.01.2023 passed by the learned District Judge, Gomati District,
Udaipur in Civil Misc(Appeal) No.03 of 2022.
[3] The case of the petitioners is that they filed Civil Misc
(Appeal) No.03 of 2022 before the learned District Judge, Gomati District
against the judgment and order dated 23.03.2022 passed in Civil Misc
(Violation) No.01 of 2020 but the same was dismissed without
appreciating the fact properly and without exercising the jurisdiction in
accordance with law. Aggrieved by the order of the learned District
Judge, the instant revision petition has been filed by the petitioners
seeking the following reliefs :
"(i) Admit the petition;
(ii) Issue notice upon the respondents;
(iii) Call for the records of Civil Misc (Appeal) No.03 of 2022 from
the court of Learned District Judge, Gomati District, Tripura and
the record of Civil Misc (Violation) No.01 of 2020 from the court
of the learned Civil Judge, Junior Division, Amarpur, Gomati
District;
(iv) After hearing the petition the Hon'ble Court may be pleased to
set aside the order dated 06.01.2023 in Civil Misc (Appeal) No.03
of 2022 passed by Learned District Judge, Gomati District, Tripura
and the judgment and order dated 06.01.2023 in Civil Misc
(Violation) No.01 of 2020 passed by the learned Civil Judge, Junior
Division, Amarpur, Gomati District, Tripura;
(v) In the interim stay the operation of the order 23.03.2022 in Civil
Misc (Violation) No.01 of 2020 passed by the learned Civil Judge,
Junior Division, Amarpur, Gomati District, Tripura for execution
of the said order till disposal of this revision petition."
[4] Mr. R.R. Datta, learned counsel appearing for the petitioners
contends that the learned court below has committed an error in passing
the impugned order. He further asserts that the learned court below ought
to have taken into consideration that the complaint and counter complaint
are yet to be decided by the concerning court below, more so, without
affording any opportunity to the counsel for the parties the case was
decided. He further contends that on account of illness, the engaged
counsel could not put in appearance before the trial court and the
petitioners should not suffer for non-appearance of the engaged counsel.
Subsequently, he prays for setting aside the order dated 06.01.2023
passed by the learned District Judge, Gomati District, Udaipur in Civil
Misc (Appeal) No.03 of 2022. On the other hand, no representation is
made on behalf of the respondents.
[5] After hearing learned counsel for the petitioners, this Court
finds no reason to interfere with the order passed by the learned trial
Judge, however, having considered the contention made by the learned
counsel for the petitioners that the engaged counsel was medically unfit
and having considered the medical reports submitted, this Court takes a
lenient view and remands the matter back to the appellate court to decide
the case on merits. The order dated 06.01.2023 passed by the learned
District Judge, Gomati District, Udaipur in Civil Misc(Appeal) No.03 of
2022 is set aside and the same is remanded back to the trial court for
consideration afresh. It is further directed that the counsel appearing for
the petitioners before the court below shall cooperate with the
proceedings without prolonging the matter.
[6] In view of the above, the instant revision petition is disposed
of. Pending application(s), if any, also stands disposed of.
CHIEF JUSTICE (ACTING)
Dipesh
