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TRIPURA HIGH COURT
Aparesh Kumar Singh, C. J.
Mr. Kushal Deb – Appellant
Versus
Mr. Pranabashis Majumder – Respondent
| Table of Content |
|---|
| 1. initial jurisdictional challenge presented. (Para 2 , 3) |
| 2. arguments regarding commercial nature of disputes. (Para 4 , 5) |
| 3. court's discussion on jurisdictional challenges. (Para 8 , 12) |
| 4. counterpoints from respondent on mischaracterization of the agreement. (Para 10 , 15) |
| 5. conclusion drawn on inability to challenge jurisdiction at execution stage. (Para 23 , 24) |
1. Heard Mr. Kushal Deb, learned counsel appearing for the petitioner - judgment debtor and Mr. Pranabashis Majumder, learned counsel appearing for the respondent - decree holder.
2. Petition under S.47 of the Code of Civil Procedure, 1908 (CPC, for short) by the judgment debtor in C.M. (J) No.45 of 2022 arising out of Execution (M) No.01 of 2020 has been rejected by the impugned order dated 09.04.2024 by the Executing Court of learned Civil Judge (Sr. Division), Court No.2, West Tripura, Agartala. Judgment debtor / petitioner herein had questioned the jurisdiction of the learned trial Court in passing the judgment and decree as the subject matter of the case fell under Commercial Courts Act, 2015 . As such, the learned trial Court lacked jurisdiction on the principle of coram non judice. Since the ques
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