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2022 Supreme(Tri) 225

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Subhas Chandra Dhar & Anr. - Appellants
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) 334 of 2022
Decided On : 09-12-2022

Advocates appeared:
D. Deb, Advocate, D. Bhattacharjee, Advocate, S. Saha, Advocate, A. Debbarma, Advocate

Procedural requirements for admitting a writ petition can be waived when all parties have appeared and exchanged pleadings.

Headnote:(A) Constitutional Law - Articles 226 and 227 - Writ Petition - Petition challenging the actions of a public authority. (Paras 1-5)

(B) Judicial Procedure - Admission and issuance of Rule - Processes involving pleading and exchange between parties are to be observed in a timely manner. (Paras 2-5)

Facts of the case:
The petitioners sought to challenge certain actions taken by the state, prompting a writ petition that has been admitted by the court. The parties have appeared, and all pleadings are complete.

Findings of Court:
The court admitted the writ petition and noted that the issuance of Rule waives the procedural requirements given the parties' presence.

Issues: Whether the writ petition should be admitted based on the parties' appearances and the completion of pleadings.

Ratio Decidendi: The court emphasized that procedural requirements can be waived when parties are present, allowing the matter to be progressed efficiently.

Result: Writ petition admitted.

Table of Content
1. hearing of the counsel for the parties. (Para 1)
2. procedural steps taken in the case. (Para 2 , 3 , 4 , 5 , 6)

JUDGMENT

Arindam Lodh, J. - Heard learned counsel appearing for the parties.

2. Admit.

3. Issue Rule.

4. Rule is waived since all the parties have already entered their appearance.

5. Exchange of pleadings is complete.

6. List the matter for hearing in its usual course.

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