For The vs Mr. S. Datta
2023 Latest Caselaw 214 Tri

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                  HIGH COURT OF TRIPURA
                        AGARTALA

                        RSA No.47 of 2022

For the Appellant(s)      :      Mr. S.K. Deb, Sr. Advocate
                                 Mr. S. Datta, Advocate
For Respondent(s)         :      Mr. S.M. Chakraborty, Sr. Advocate

Ms. Ankita Pal, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH Order

15/03/2023

Heard Mr. S.K. Deb, learned senior counsel assisted by Mr. S.

Datta, learned counsel appearing for the appellant. Also heard Mr. S.M.

Chakraborty, learned senior counsel assisted by Ms. Ankita Pal, learned

counsel appearing for respondent no.1.

It is found from the record that defendant-respondent no.2 did not

appear before the learned trial Judge. She neither had filed any written

statement nor contested the suit before the learned trial Judge.

Accordingly, the suit before trial Court was considered ex-parte

against the defendant-respondent no.2.

Moreso, it is submitted that defendant-respondent no.2 is the

vendor of the sale deed executed in favour of the plaintiff and it also has

come to fore that in the meantime, defendant-respondent no.2 has

expired. As such, by the application of Order 22 Rule 4 read with Order

22, Rule 11 of Code of Civil Procedure, 1908, the defendant-respondent

no.2 is exempted from appearing before this Court and this Court may

pass judgment in absence of defendant-respondent no.2.

It is also not necessary that the defendant-respondent no.2 be

substituted by her legal representatives. The appeal shall proceed ex-parte

against respondent no.2.

List the matter for hearing on admission on 27.03.2023.

JUDGE

Snigdha