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2015 Supreme(Tri) 659

DEEPAK GUPTA
Gouranga Ch. Adhikari – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the petitioners:Mr. S. Roy, Advocate, Mr. R.K.P. Singh, Advocate.

ORDER :

This petition is directed against the order dated 05-06-2015 passed by the Civil Judge, (Senior Division), Court No.3, West Tripura, Agartala whereby he has granted time to the defendants to move an application for vacation of the ex parte order.

2. I am of the considered view that this order is beyond the jurisdiction of the Civil Court and the reasons for this are enumerated hereinafter.

3. The petitioners (hereinafter referred to as 'the plaintiffs') filed a suit for declaration under Section 11(4) of the Tripura Land Revenue and Land Reforms Act (TLR & LR Act). This suit was registered and notices were issued to the defendants on 26.9.2014, returnable for 08.12.2014. It is apparent that the summons must have been received prior to 08.12.2014 because the State Government put in appearance through Sri Gitanshu Sekhar Das, learned Government pleader in the trial Court on 08.12.2014. The matter was then adjourned to 31.01.2015 for filing written statement by the defendants. No written statement was filed on 31.01.2015 and the learned Addl. G.P., Mr. L. R. Khadim prayed for time to file written statement. This request was granted and the case was adjourned to 20.02.2015.

4. Agai




















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