JHARNA MUKHERJEE Vs. BADAL CHAKRABORTY, WEST TRIPURA

JUDGEMENT

(1.) HEARD Mr. D. Chakraborty, learned senior counsel assisted by Ms. N. Majumder, learned counsel appearing for the petitioner as well as Ms. P. Dhar, learned counsel appearing for the respondent.

(2.) BY this petition filed under Article 227 of the Constitution of India the order dated 13.09.2004 passed in Civil Misc. Case No.314 of 2004 arising out of Title Appeal No.53 of 2003 by the District Judge, West Tripura, Agartala has been called in question.

(3.) ACCORDINGLY , the impugned order dated 19.09.2004 is interfered with and set aside. The respondent herein shall be permitted to file the objection against the petition. It is further directed that whether the additional evidence as sought to be introduced by the appellant, the petitioner herein would be considered in the evidence or not shall be decided at the time of hearing of the appeal. With this observation and direction, this petition stands allowed to the extent as indicated above. There shall be no order as to costs.