Sri Abdul Hamid vs Sri Nripendra Nath And Ors
2023 Latest Caselaw 419 Tri

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                    HIGH COURT OF TRIPURA
                          AGARTALA

                          RSA No.12 of 2023

 Sri Abdul Hamid
                                                             ....Appellant(s)
                      Versus

 Sri Nripendra Nath and Ors.
                                                          ....Respondent(s)

For the Appellant(s) : Ms. A. Debbarma, Advocate For Respondent(s) : None

HON'BLE MR. JUSTICE ARINDAM LODH Order

18/05/2023

Heard Ms. A. Debbarma, learned counsel appearing for the appellant.

This is a second appeal preferred against the judgment dated 03.02.2023 and decree dated 06.02.2023 passed by the learned Additional District Judge, North Tripura, Dharmanagar in connection with Money Appeal No.03/2017 wherein the learned Additional District Judge remitted the entire matter to the learned trial Court.

The present second appeal is admitted for hearing on the following substantial questions of law:

"(i) Whether the order passed by the learned first appellate Court remitting the matter back to the learned trial Court is perverse?

(ii) Whether the suit is barred by the principles of res-judicata or constructive res-judicata?

(iii) Whether the suit is barred by the law of limitation?"

Issue notice calling upon the respondents to show cause as to why the appeal should not be admitted as prayed for; and/or as to why such further order/s should not be passed as to this court may seem fit and proper.

The notice is made returnable within 3(three) weeks. The appellant shall take steps for causing service of notice upon the respondent by registered post with A/D within 3(three) days.

Call for the LCRs.

List the matter on 20.06.2023. In the meantime, all proceedings out of the Money Suit No.02/2015 shall remain stayed until further order.

A copy of this order may be furnished to Ms. Debbarma, learned counsel for the appellant. Registry is directed to communicate a copy of this order to the concerned Court immediately.

JUDGE

Snigdha