SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Tri) 239

HIGH COURT OF TRIPURA AGARTALA
S.G. Chattopadhyay, J.
Pranati Roy (Das) & Ors.. - Appellant
Versus
Biva Das & Ors. - Respondents
Interlocutory Application 1 of 2022 in Regular First Appeal No. 24 of 2022
Decided On : 06-12-2022

Advocates appeared:
P Dhar, Advocate, H Debbarma, Advocate, John Debbarma, Advocate, H Debbarma, Advocate, Pradip Chakraborty, Advocate, S Debnath, Advocate

The court emphasizes the necessity of proper service of notice to all respondents to ensure effective judicial proceedings.

Headnote:(A) Civil Procedure Code, 1908 - Requirement for service of notices on all respondents - Appellant's failure to ensure service on specific respondents leads to adjournment for compliance with procedural requirements. (Paragraph 3)

(B) Judicial procedure - The court emphasizes the importance of proper notification and service before proceeding with appeals, underlining that no effective adjudication can occur without all parties being properly informed. (Paragraph 4)

Facts of the case:
The appeal involves multiple parties, but the appellant has not ensured service of notice to several respondents, leading to procedural complications.

Findings of Court:
The court orders the appellant to take necessary steps for the service of notice to the unserved respondents.

Issues: The court addressed the main issue of appellant's responsibility to ensure service of notice to all parties involved in the appeal.

Ratio Decidendi: The court reinforced the principle that diligence in the service of notices is essential for the progression of judicial proceedings.

Result: Matter listed for further action on 12.01.2023.

Table of Content
1. notice returns and service requirements. (Para 1 , 3 , 4)
2. representation of respondents. (Para 2)
3. matter listed for future hearing. (Para 5)

JUDGMENT

S.G. Chattopadhyay, J. - None appears for the appellant.

2. Mr.P.Chakraborty, learned counsel has appeared for respondent No.1,2,5 and 6.

3. It appears from the report dated 05.12.2022 furnished by the Registry that notice issued on Respondent No. 8, 10 and 12 has been returned un-served and in respect of respondent No. 4,3,7,9,11 and 13, it is reported that no postal report has yet been received in respect of service of notice on these respondents.

4. Petitioner is to take required steps for service of notice on the said respondents.

5. List the matter on 12.01.2023.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top