HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

CRP No.108 of 2024 Subrata Bardhan, son of late Subodh C handra Bardhan, resident of Joynagar, A.K. Road, P.O. Agartala, P.S. West Agartala, District- West Tripura.

...... Petitioner(s)

V E R S U S Debabrata Bardhan, son of late Subodh Chandra Bardhan, resident of Joynagar, A.K. Road, P.O. Agartala, P.S. West Agartala, District- West Tripura, Pin-799001.

..…. Respondent(s)

For Petitioner(s) : Mr. Kundan Pandey, Advocate.

For Respondent(s) : Mr. Nitai Chowdhury, Advocate.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO JUDGMENT & ORDER (ORAL)

02/08/2025 Heard Mr. Kundan Pandey, counsel for the petitioner and Mr.

Nitai Chowdhury, counsel appearing for the respondent.

[2] This revision petition is filed by the petitioner challenging the order dt. 16.08.2024 of the learned Civil Judge, Senior Division, Court No.2, Agartala, West Tripura in Case No. Civil. Misc.(Review) 03 of 2022 and also order dt. 07.05.2022 passed by the said Court in Civil Misc.(J) No.01 of

2021 in TS(P) No.84 of 2003.

[3] The respondent/plaintiff had initially filed TS(P) No.84 of 2003 before the Civil Judge, Senior Division, West Tripura, Agartala praying for partition of the suit scheduled property. A preliminary decree was passed on 28.09.2005 declaring that the parties are entitled to partition of the land described in Schedule-A of the plaint in equal share and subsequently a final decree was also passed on 09.10.2007.

[4] The petitioner filed Title Appeal No.10 of 2009 challenging the preliminary decree dt. 28.09.2005.

[5] On 18.10.2012, the Title Appeal No.10 of 2009 was dismissed.

[6] Petitioner then filed a Second Appeal in this Court being SAO No.03 of 2013 against the order dated 18.10.2012 in Title Appeal No.10 of

2009.

[7] The said appeal was also dismissed on 04.06.2013.

[8] After a delay of more than 14 years from the date of passing the final decree i.e. 09.10.2007, the respondent filed an application Civil Misc.(J) No.01 of 2021 under Section 152 CPC for correction of alleged mistake in the final decree and sought for setting aside of the said decree and for appointment of a Survey Commissioner to survey the plots as per the preliminary decree.

[9] By order dt. 07.05.2022, the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala allowed the said application under Section 152 CPC and set aside the final decree dated 09.10.2007.

[10] The petitioner then filed Civil Misc.(Review) No.03 of 2022 under Order XLVII CPC seeking review of the order dt. 07.05.2022 passed in Civil Misc.(J) No.01 of 2021.

[11] The same was also dismissed on 16.08.2024.

[12] Assailing the same, this revision is filed.

[13] The principal contention of the counsel for the petitioner is that the Court below could not have dismissed the review petition filed by him because the order dt. 07.05.2022 passed by the said Court allowing the application under Section 152 CPC was clearly erroneous. He contended that under Section 152 CPC, only clerical or arithmetical mistakes or accidental slip or omission could have been corrected, and under the guise of such mistakes, there cannot be an interference with the original decree on merits. He contended that Section 152 CPC cannot be invoked for claiming a substantive relief which was not granted under the final decree and/or as a pretext to modify the final decree which had attained finality. According to him, there cannot be reconsideration of merits of the matter and an issue requiring adjudication did not call for correction under Section 152 CPC and was clearly beyond the scope of Section 152 CPC. He also asserted that the final decree dt. 09.10.2007 was already upheld by the Additional District Judge, Court No.3 in Title Appeal No.10 of 2009 and also by this Court in SAO No.03 of 2013.

[14] Counsel for the respondent refuted the said contention and supported the order passed by the Court below. He contended that the Trial Court, in the order passed in the review petition filed by the petitioner, has t