Smt. Anindita Ray Choudhury vs Smt. Alakananda Roy (Basu)
2024 Latest Caselaw 1145 Tri

Tripura High Court

Smt. Anindita Ray Choudhury vs Smt. Alakananda Roy (Basu) on 11 July, 2024

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                      HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
                          CRP No.58 of 2024

Smt. Anindita Ray Choudhury
                                                        ...... Petitioner(s)
                                VERSUS

Smt. Alakananda Roy (Basu)
                                                       ...... Respondent(s)

For Petitioner(s) : Mr. S.M. Chakraborty, Sr. Advocate, Ms. Ankita Pal, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

=O=R=D=E=R=

11/07/2024 Mr. S.M. Chakraborty, learned senior counsel for the petitioner

submits that the learned trial Court vide impugned order dated 02.07.2014 in

T.S(P) No.37 of 2020 has refused to allow the application for amendment

under Order VI, Rule 17 of CPC preferred by the plaintiff/petitioner only on

the ground that the learned Second Appellate Court while remanding the

matter vide judgment dated 13.03.2024 in RSA No.42 of 2022 directed the

learned trial Court for framing proper issues and to deliver the judgment and

decree in accordance with law within a period of 4(four) months from the

date of receipt of copy of the judgment. Learned senior counsel for the

petitioner submits that the observation of the learned Second Appellate

Court in its judgment dated 13.03.2024 in no way should be construed in a

manner that parties may not seek any amendment which may be permissible

and proper in the eye of law.

However, since the judgment in RSA No.42 of 2022 has been

passed by Coordinate Bench of this Court presided by Hon'ble Mr. Justice

Biswajit Palit, a sitting Judge of this Court, it would be proper to place the

instant revision petition before the same Bench. Learned senior counsel for

the petitioner submits that the matter may be posted tomorrow before the

appropriate Bench.

Registry may take steps for listing of the matter before the

appropriate Bench if possible, tomorrow (12.07.2024).

                                                        (APARESH KUMAR SINGH) CJ




DIPESH DEB    Digitally signed by DIPESH DEB
              Date: 2024.07.12 18:12:35 +05'30'