ASHWINI CH. SARKAR Vs. KRISHNA KANTA DEBNATH

JUDGEMENT

(1.) CRP No.70 of 2024 also on board today relates to the same matter of restoration of Title Suit 58 of 2015 after condoning a delay of 2117 days by impugned order dtd. 21/6/2024 passed in Civil Misc (Condonation) 02 of 2022 by the learned Court of Civil Judge (Junior Division), Court No.1, Agartala, West Tripura. Therefore, it is also being tagged along with the instant CRP No.69 of 2024 which is directed against the impugned order of the same date 21/6/2024 whereby the learned Trial Court has, after condonation of delay by a separate order dtd. 21/6/2024, restored the Title Suit 58 of 2015 under Order IX Rule 9 read with Sec. 151 of the Code of Civil Procedure. The suit was dismissed for default on 27/2/2016 itself. Learned counsel for the petitioner submits that there are no supporting documents to explain the huge inordinate delay in seeking restoration of the case. The learned Trial Court has, therefore, erroneously exercised its jurisdiction and condoned the delay and restored the suit.

(2.) Issue notice in both the matters [CRP No.69 of 2024 and CRP No.70 of 2024] on the respondents and proforma respondents. Respondents No.9 to 11 being minor are represented by their mother-respondent No.8. As such, notices upon respondents No.9 to 11 shall be served upon respondent No.8. Let notice be issued under ordinary process upon all the respondents and proforma respondents. Additionally, notice be effected upon respondents No.1 to 11 through the learned counsel representing them in the learned Trial Court. Requisites for both the purposes be filed within one week. Report of service of notice be returned within three weeks.

(3.) Notice is made returnable on 30/8/2024.