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2023 Supreme(Tri) 32

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Soumya Acharjee - Appellant
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) 976 of 2022
Decided On : 06-01-2023

Advocates appeared:
DC Roy, Advocate, D. Sarma, Advocate, A. Bhaumik, Advocate

Procedural fairness requires courts to provide both parties an opportunity to adequately present their cases.

Headnote:(A) High Court of Tripura - Writ Petition

(C) 976 of 2022 - Request for accommodation to file rejoinder affidavit and counter affidavit - Writ petition adjudicated where the petitioner sought to respond to the respondent's counter affidavit. (Paras 1-4)

(B) Procedural fairness - The court recognizes the importance of allowing both parties an opportunity to present their cases adequately. (Para 4)

Facts of the case:
The petitioner, represented by counsel, sought accommodation to file a rejoinder affidavit, with the respondents also seeking time for a counter affidavit.

Findings of Court:
The court granted the request for accommodation to both parties.

Issues: The main issue was whether the accommodation requests by both parties were justified.

Ratio Decidendi: The court underscored the necessity of procedural fairness by allowing adequate time for pleadings.

Result: The matter was adjourned for further proceedings on 27.02.2023.

Judgement Key Points

Key Points: - The court granted accommodation to both parties to file rejoinder and counter affidavit (!) . - Procedural fairness requires providing both parties an opportunity to adequately present their cases (!) . - The matter was adjourned for further proceedings on 27.02.2023 (!) . - Advocates appeared: DC Roy for petitioner, D. Sarma for respondents (!) (!) . - The writ petition involved the petitioner seeking to respond to the respondent's counter affidavit (!) .

What is the procedure for accommodation to file rejoinder and counter affidavits in a writ petition?

What are the rights of parties to adequate opportunity to present their cases in writ jurisdiction?

What is the court’s ruling on granting accommodation for pleadings in this case?


Table of Content
1. request for the petitioner to file a rejoinder affidavit. (Para 1)
2. respondents request accommodation for filing a counter affidavit. (Para 2)
3. prayer for accommodations is granted. (Para 3)
4. matter scheduled for further hearing. (Para 4)

JUDGMENT

Arindam Lodh, J. - Mr. DC Roy, learned counsel appearing for the petitioner has sought for an accommodation to file rejoinder affidavit against the counter affidavit filed by the respondents-AMC.

2. Mr. D. Sarma, learned Additional GA appearing for the respondents-State has sought for an accommodation to file counter affidavit.

3. Prayer stands allowed.

4. List the matter on 27.02.2023.

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