ABDUL WAHID Vs. ABDUL HAQUE

JUDGEMENT

(1.) This is an appeal under Sec. 96 read with Order XLI Rule 1 of the CPC as preferred by the appellant challenging the order dtd. 10/1/2023 passed by Learned Civil Judge, Senior Division, North Tripura, Dharmanagar in connection with Case No.TS(P)03 of 2012 between Md. Abdul Wahid through his legal heirs and others, Plaintiffs and Abdul Haque through his legal heirs and others, defendants whereby the Learned Trial Judge dismissed the suit for default.

(2.) Heard Mr. Sankar Deb, Learned senior counsel assisted by Mr. S. Datta, Learned counsel appearing for the appellants as well as Mr. G.K. Nama, Learned counsel appearing for the respondents.

(3.) Before proceeding further with this appeal, let us discuss about the subject matter of the instant appeal for convenience. The predecessor in interest of the appellant Nos.1a to 1d to 2a to 2i and 3, 4, 5, 6, 7 and one Md. Liyakat Ali filed the partition suit being No.T.S.(P)03 of 2012 against the respondents or their predecessor in interest in the Court of Learned Civil Judge, Senior Division, Dharmanagar, North Tripura seeking partition of the properties as mentioned in Schedule A of the plaint. Md. Liyakat Ali, the original plaintiff died about three years back. He was unmarried and as such, his share fell to the other plaintiffs. Hence, his name was not arrayed in the present appeal. Subsequently, written statement was filed on behalf of the defendant No.1 but no other defendants filed any separate written statement. Issues were framed and the parties adduce evidence and the Learned Trial Judge by a judgment dtd. 20/6/2016 decreed the suit. Abdul Haque, the predecessor-in-interest of the respondent Nos. 1a to 1i (since dead) preferred RFA 19 of 2016 before the High Court challenging the correctness and validity of the said decree. Apart from said Abdul Haque, the predecessor-in-interest of the respondent Nos.1a to 1i, (since dead) no other defendants challenged the said decree, even though, other defendants in the suit were arrayed as defendant respondents. The Hon'ble High Court by an order dtd. 12/11/2021 disposed of the appeal and the connected I.A. by order dtd. 12/11/2021. For the sake of convenience, I would like to refer herein below the relevant portion of the order dtd. 12/11/2021 in I.A. No.09 of 2021 arising from RFA 19 of 2016 which runs as follows :