Shri Bikash Dey vs Sri Amit Saha
2025 Latest Caselaw 69 Tri

Tripura High Court

Shri Bikash Dey vs Sri Amit Saha on 14 May, 2025

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                              CRP No.18 of 2025
Shri Bikash Dey
                                                                .........Petitioner(s);
                                      Versus
Sri Amit Saha
                                                            .........Respondent(s).

For Petitioner(s) : Mrs. Asmita Banik, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 14/05/2025

An additional affidavit has been filed by the defendant/petitioner

herein containing the order sheets of M.S. 96 of 2023 pending before learned

Civil Judge (Sr. Division), Court No.2, West Tripura, Agartala starting from

17.11.2023 till 10.04.2025. Defendant had appeared through learned counsel on

02.07.2024 along with vakalatnama executed in favour of his counsel.

Thereafter the matter was posted on 11.07.2024. By the order impugned herein

dated 11.07.2024, prayer for time on behalf of the defendant without filing any

vakalatnama was rejected and the case was fixed for hearing on summons for

judgment.

A perusal of the order sheets enclosed with the additional affidavit

shows that no further progress has been made in the trial. Plaintiff had preferred

a suit under Order XXXVII Rule 2 of the Civil Procedure Code for recovery of

money amounting to Rs.10 lakhs with interest. Evidently defendant sought time

to file written statement which was denied by the impugned order. Petitioner,

being aggrieved with the rejection of a time petition, has approached this Court.

Let notice be issued upon the respondent under ordinary process

and speed post for which requisites be filed within one week.

Notice is made returnable within five weeks.

In the meantime, the learned Trial Court shall submit a status

report of the trial in M.S. 96 of 2023.

(APARESH KUMAR SINGH), CJ

Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.05.15 17:00:33 +05'30'