HIGH COURT OF TRIPURA

AGARTALA

CRP No.90 of 2022

For the Appellant(s)

:

Mr. D.C.Roy, Adv.

For the Respondent(s)

:

None.

B E F O R E

HON’BLE MR. JUSTICE S.G.CHATTOPADHYAY

O R D E R

18.11.2022

[1]

By means of filing this petition, the petitioners who

are defendent No. 1 and 5 before the Trial Court in case No.

T.S.(Partition) No.02 of 2020 have challenged the impugned

order dated 07.09.2022 whereby the learned Trial Judge [Civil

Judge, (Jr. Div) Court No.01, Sonamura] declined to accept the

written statement filed by the defendent petitioners and decided

to proceed ex parte against them.

[2]

Heard Mr.D.C.Roy, learned advocate appearing for

the respondent petitioners. Learned counsel submits that the

suit pending before the trial court is a Partition Suit and as such

without the participation of the present respondent petitioners it

would not be possible for the trial court to adjudicate the suit

properly. Counsel contends that respondent petitioners may be

allowed to take part in the proceedings before the trial court

under any terms and conditions, whatsoever.

[3]

I

have

perused

the

impugned

order

dated

07.09.2022 passed by the learned trial court. It appears from

the said order that the case is still pending at the stage of SR

since summons are yet to be served on defendant Nos. 3(v),

3(vi) and 3(vii). There cannot be any material progress of the

case without the summons being served on those defendents.

Situated thus, the defendant petitioners, in my considered view,

may be allowed to submit their written statement before the

trial court and take part in the proceedings subject to payment

of cost of Rs.900/- before the trial court which will be equally

distributed at Rs.300/- among the three (03) plaintiffs.

[4]

Resultantly, the impugned order passed by the trial

court is set aside. Trial court shall allow the respondent

petitioners to submit their written statement and contest the

case subject to payment of cost within a period of 2 weeks from

today as ordered.

In terms of the above, the petition stands disposed

of.

[5]

Copy of the order be given to Mr.D.C.Roy, learned

counsel appearing for the respondent petitioner to submit the

same before the trial court.

A copy shall also be officially communicated from the

Registry to the Trial Court.

JUDGE

Saikat Sarma