Pramila Suklabaidya vs Jyostna Suklabaidya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Tri) 283

S.C.DAS
Pramila Suklabaidya – Appellant
Versus
Jyostna Suklabaidya – Respondent

Advocates:
Advocate Appeared:
For the petitioners:Mr. D.K. Biswas, Advocate
For the respondents:Mr. P. Dutta, Advocate

JUDGMENT :

By filing this petition under Article 227 of the Constitution of India the petitioners challenged order dated 23.11.2007, passed by learned Civil Judge(Junior Division), Kailashahar, North Tripura, in Title Suit No.29 of 2006, whereunder the learned Civil Judge directed transfer of the title suit from his Court to the Court of Judge, Family Court, Kailashahar, North Tripura.

2. Heard learned counsel, Mr. D.K. Biswas for the petitioners and learned counsel, Mr. P. Dutta for the respondents.

3. The petitioners instituted Title Suit No.29 of 2006 seeking declaration that plaintiff-petitioner No.1 is the sole heir of late Matangini Suklabaidya and further declaration that the defendant No.1 is not an heir of said Matangini Suklabaidya and also prayed for injunction.

3.1. The suit, as it appears, was for declaration simpliciter under Section 34 of the Specific Relief Act. While it was pending for disposal before the learned Civil Judge, Junior Division, Kailashahar, North Tripura, by impugned order dated 23.11.2007 the learned Yes No Civil Judge held that the suit involves declaration of legitimacy of a person and such declaration is covered by Section 7 of the Family Courts Act