1. This is an appeal under Section 100 of the CPC questioning the legality of the judgment dated 15.05.2009, delivered in Title Appeal No. 19 of 2006 by the Additional District Judge, West Tripura, Agartala, Court No. 4, affirming the judgment and decree dated 28.06.2002, delivered in Title Suit No. 21 of 2001 by the Civil Judge, Senior Division, West Tripura, Agartala, Court No. 1.

2. It appears from the record; particularly from the order dated 27.04.2012 that this Court intended to hear the matter under Order XLI Rule 11 of the CPC and for that purpose the notice was issued to the respondents and to the lower court.

3. Having regard to that aspect of the matter, it would be apposite to reproduce the provisions of Order XLI Rule 11 of the CPC.

“11. Power to dismiss appeal without sending notice to Lower Court :-

1. The Appellate Court, after sending for the record if it thinks fit so to do, and after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day, may dismiss the appeal without sending notice to the Court fro