February 3, 2019:
Bench found the Trial Judge to be 'totally ignorant of the elementary provisions of law'.
The High Court of Tripura has lately directed a Trial Judge/Judicial Officer to go back to the Judicial Academy and undertake a refresher course on the Code of Civil Procedure.
Bench found the Judge 'totally ignorant of the elementary provisions of law'.
The trial Judge had framed following issues:- “1. Whether the suit is maintainable in its present form? 2. Whether the plaintiffs are entitled to get decree for partition of joint property as prayed? 3. Whether the plaintiffs are entitled to get one fourth share each? 4. To what other relief/reliefs the plaintiffs are entitled?”
The Trial Judge, in this instant case, had decided that he had no jurisdiction to partition the properties outside the territorial limits of Agartala while concluding-
“The landed property situated at Kolkata, West Bengal, cannot be divided and partitioned because of lack of territorial jurisdiction. xxx xxx xxx xxx There are lands of Kolkata and only mentioning of Go-downs at Gol Bazar, Agartala, which cannot be partitioned because of ambiguity of the description of the suit land as well as bar of territorial jurisdiction as some flats are situated even outside of our State.”
He came to this conclusion even though the suit pertained to the partition of a bunch of immovable properties situated both within and outside the territorial jurisdiction of the State of Tripura.
While hearing the appeal, the Division bench of Chief Justice Sanjay Karol and Justice Arindam Lodh relied on Section 17 of the Code of Civil Procedure to observe that if the immovable property is situated within the jurisdiction of different Courts, the suit can be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate.
“Section 17 CPC. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate: Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.”
While coming down heavily on the Trial Judge, the bench observed:
"Now, in the instant case, the plaintiffs had categorically averred that the suit for partition pertained to immovable properties, both within and outside the State of Tripura. In fact, the trial Judge partly decreed the suit in relation to the properties situated in Agartala... Whether the plaintiffs were able to establish their case of joint ownership and have any right in the property situate in Kolkata is a different matter, but, however, in view of the settled position of law, suit qua the properties situated outside the territorial jurisdiction of State of Tripura could not have been dismissed on the ground of lack of jurisdiction. The trial Judge did have jurisdiction to entertain the suit and pass necessary orders in relation thereto."
While sending the matter back to the District Court, the Tripura High Court bench made damning remarks about the Trial Judge in following words:
"The trial Judge as on the date of the passing of the judgment had sufficient experience with himself. He was not a new inductee. It is a matter of record that periodical training is imparted to the Judicial Officers by the Tripura Judicial Academy established by the High Court of Tripura....
It is high time that such refresher courses are periodically conducted, on non-working days in the Academy with the use of technology. An officer need not necessarily travel to the Academy, for modern tools and gadgets, such as, Video Conferencing facility etc. can be fully utilized to optimize efficiency."
All this happened even though SC has been asking High Courts to exercise caution and not pass strictures against subordinate Judges.
Tripura High Court Judgemen... by on Scribd
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