[Cites 1, Cited by 0]
Tripura High Court
Mst. Mayarun Nessa vs Md. Maklichu Rahaman on 7 January, 2026
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRP No.39/2025
Mst. Mayarun Nessa, wife of Lt. Masuk Mia, Resident of Village & P.O.-
Dhupirbond, Ward No.5, P.S.-Dharmanagar, District-North Tripura.
......... Petitioner(s).
VERSUS
1. Md. Maklichu Rahaman, son of Lt. Konu Kha @ Konu Sa, Resident of
Village & P.O.-Dhupirbond, Ward No.5, P.S.-Dharmanagar, District-North
Tripura, Pin-799253.
2. Md. Abdul Ali, Son of Abdul Hannan and Late Kharunnessa, Resident of
Village-Krishnapur, Ward No.3, P.S.-Dharmanagar, District-North Tripura,
Pin-799253.
3. Mst. Rupia Begum, Wife of Ajmal Uddin, D/O. Abdul Hannan and Lt.
Kharunnessa, Resident of Village-West Kameshwar, Tangibari, P.S.-
Dharmanagar, District-North Tripura, Pin-799253.
4. Md. Hussain Ahamad, son of Mastakin Ali, Resident of Village & P.O.-
Dhupirbond, P.S.-Dharmanagar, District-North Tripura, Pin-799253.
5. Md. Maynul Haque, Son of Lt. Konu Kha, Resident of Village & P.O.-
Dhupirbond, Ward No.5, P.S.-Dharmanagar, District-North Tripura, Pin-
799253.
6. Mst. Joyrun Bibi, wife of Md. Hira Mia, Resident of Village & P.O.-
Dhupirbond, Ward No.5, P.S.-Dharmanagar, District-North Tripura, Pin-
799253.
.........Respondent(s).
For Petitioner(s) : Mrs. Sujata Deb (Gupta), Advocate.
For Respondent(s) : Mr. Pranabashis Majumder, Advocate,
Ms. Varsha Poddar, Advocate.
HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
Order
07/01/2026
This Revision is preferred against the order dt.19.03.2025 of the
Civil Judge (Senior Division), Court No.2, North Tripura, Dharmanagar in case
No. Civil Misc. 25 of 2025 arising out of T.S. No.10 of 2019.
2. The petitioner in this Revision is the plaintiff in the said suit. She
filed the said suit to declare that a judgment and decree dt.22.12.2016 and final
decree dt.01.02.2017 in T.S.(Partition) No.03 of 2016 was obtained
fraudulently without issuing notice or summons to the petitioner and including
another person who was not a legal heir of Late Konu Kha alias Konu Sa and
that it does not bind the petitioner and is liable to be cancelled, and also sought
possession of the suit schedule land as a joint owner until partition lawfully.
3. The suit was initially dismissed for a default but was later restored
on 07.02.2024.
4. In the course of the proceedings in the suit, the petitioner wanted
to examine a witness, who is the Registrar of Births and Deaths, Dhupirbond
Gram Panchayat, who was to produce a Death and Birth Register of the year
2019 with a particular registration number and another witness, who is the
Registrar of Births and Deaths, P.O.-Krishnapur, Dharmanagar, North Tripura,
who was to produce the Death and Birth Register for the year 1996 pertaining
to an Entry dt.24.04.1996 by invoking Order XVI of CPC. Petitioner sought a
direction to summon the said witnesses and also direct them to produce the said
registers.
5. The application was opposed by the respondents.
6. The trial Court dismissed the application stating that this
application was filed 6(six) years after filing of the suit and under Order XVI
Rule 1(3) of CPC, it is the discretion of the Court to permit a party to call any
witness whose name was not enlisted in the initial list of witnesses, there is no
reasonable ground to exercise such power at this point of time, particularly even
the names of these persons were not shown in the list of witnesses filed by the
petitioner.
7. Challenging the said order, this Revision is filed.
8. In my opinion, petitioner can certainly obtain certified copies of
the entries in the respective registers which are in the custody of the proposed
witnesses and file them in the Court. It is not necessary to call the persons
having custody of the said registers as witnesses. As rightly held by the trial
Court, the persons who were sought to be summoned were not mentioned in the
list of witnesses filed by the petitioner and six years after filing of the suit, it
cannot be said that it is necessary that they ought to be summoned.
9. Therefore, I do not find any merit in the Revision. It is accordingly
dismissed.
Pending application(s), if any, stands disposed of.
(M.S. RAMACHANDRA RAO, CJ)
Pulak
PULAK BANIK Digitally signed by PULAK BANIK
Date: 2026.01.09 16:41:11 +05'30'
