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2018 Supreme(Tri) 114

S.TALAPATRA
Binode Behari Sutradhar, S/o Late Kailash Sutradhar – Appellant
Versus
Surabala Biswas Wife of Late Paresh Chandra Biswas – Respondent


Advocates Appeared:
For the Appellant : Mr. D. Chakraborty, Sr. Adv., Mr. H. Laskar, Adv.
For the Respondent: Mr. K.N. Bhattcharjee, Sr. Adv. Mr. S. Roy, Adv.

JUDGMENT & ORDER :

Heard Mr. D. Chakraborty, learned senior counsel assisted by Mr. H Laskar, learned counsel appearing for the appellant as well as Mr. KN Bhattacharjee, learned senior counsel assisted by Mr. S Roy, learned counsel appearing for the respondents.

2. This is an appeal under Section 100 of the CPC from the judgment dated 28.05.2015 delivered in Title Appeal No. 48/2011 by the Addl. District Judge, West Tripura, Agartala (Court No.3) partly setting aside the judgment delivered in Title Suit No. 62/2007 by the Civil Judge, Jr. Div., Court No.2, West Tripura, Agartala.

3. At the time of admitting this appeal by the order dated 08.12.2015, the following substantial question of law was framed by this Court:

“Whether the original suit was not maintainable for the bar as contemplated in Order IX Rule 8 of CPC.”

Liberty was granted to the appellant to raise any other substantial question of law.

4. Mr. Chakraborty, learned senior counsel at the beginning has pointed out that inadvertently the relevant provision of law has not been correctly mentioned in the substantial question of law. He asked for reframing the substantial question of law by correcting that mistake. Accordingly,































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