PRANKRISHNA DEBNATH Vs. PUJA DAS

JUDGEMENT

(1.) Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. A. Pal, learned counsel appearing for the appellants. Also heard Mr. D.C. Roy, learned counsel appearing for the respondents.

(2.) This is an appeal under Sec. 100 of the CPC against the judgment dtd. 20/2/2018 passed by the learned District Judge, North Tripura, Dharmanagar in Title Appeal No. 43 of 2016, partly allowing the appeal, setting aside the order of dismissal passed by the learned Civil Judge (Jr. Division), Dharmanagar, North Tripura, dtd. 14/7/2016 in the Title Suit No. 31 of 2010. At the time of admitting the appeal, the following substantial question of law was formulated by this Court:

(3.) The facts that would essentially be required for appreciating the substantial questions of law may be introduced at the beginning. The plaintiff, the appellants herein filed a suit for declaration of right, title and interest and for recovery of possession of the suit land described in the plaint of Title Suit No. 31 of 2010 before the Court of learned Civil Judge (Jr. Division), Dharmanagar, North Tripura. In the said suit, the present defendant-respondents herein, were made principal defendants and 81 others were made pro-defendants but, in the trial Court, only the defendant No. 1 appeared and contested the suit by filing written statement and the pro-defendants did not appear to contest the suit. As such, it proceeded ex-parte against them.