JOLY SHARMA Vs. GOBINDA NARAYAN TRIBEDI

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of the Civil Procedure,1908 (for short, CPC) has been filed challenging the judgment and decree dated 15.05.2002 passed by learned Additional District Judge, Dharmanagar, North Tripura in T.A. No.3 of 2000. The appeal has been admitted for hearing on the following substantial questions of law formulated by this Court on 07.09.2002: -

(2.) THE facts discerned from the record, in short, is that respondent Nos. 1 and 2 being plaintiffs, instituted Title Suit No. 8 of 1999 in the Court of Civil Judge, Jr. Division, Dharm -anagar, North Tripura seeking declaration of right, title and interest in the suit land mentioned in Schedule 'B' of the plaint which is part and parcel of Schedule 'A -i' and 'A -ii' of the plaint and also prayed for perpetual injunction restraining the defendants from interfering with the possession of the plaintiffs in the suit land. The description of the suit land given at the bottom of the plaint reads thus: - <FRM>judgement_41_gault(tr)5_2013.htm</FRM>

(3.) DEFENDANT No.1 and defendant No.2 (Sub Divisional Officer) submitted a joint written statement inter alia stating that no notice was served under Section 80 of CPC and that from January, 96 Dharmanagar Town became a Nagar Panchayat as per the provision of Tripura Municipal Act,1994 and after constitution of the Nagar Panchayat, S.D.O. ceased to be the Member Secretary of Nagar Panchayat and as per provision of Tripura Municipal Act,1994 an Executive Officer is functioning as the Executive head of the Nagar Panchayat. After that written statement was filed by the defendant No.1 and the defendant No.2(Sub Divisional Officer) the plaintiffs amended the suit and included Executive Officer of the Nagar Panchayat as defendant No.2.