SAILESH PAUL Vs. RANJIT PAUL

JUDGEMENT

(1.) This application under Sec. 114 read with Order XLVII Rule 1 of CPC is preferred seeking review of the judgment and order and decree dtd. 23/4/2024 passed by this High Court in RSA No.04 of 2022. By the said judgment of the High Court, the judgment and decree delivered by Learned District Judge, Khowai District, Tripura in connection with First Appeal No. T.A.09 of 2019 which arose out of the judgment and decree dtd. 20/3/2019 passed by Learned Civil Judge, Senior Division, Khowai, Tripura in connection with Case No.T.S.39 of 2016 was affirmed by this High Court.

(2.) Heard Mr. P.K. Dhar, Learned senior counsel assisted by Mr. R. Debnath, Learned counsel appearing for the review petitioner as well as Mr. S. Lodh, Learned counsel assisted by Mr. Subham Majumder, Learned counsel appearing for the respondents.

(3.) In course of hearing of argument, Mr. P.K. Dhar, Learned senior counsel appearing for the review petitioner submitted that the Learned First Appellate Court in the judgment committed an error which was over looked by this High Court at the time of delivery of judgment in RSA No.04 of 2022. According to Learned senior counsel, the Learned First Appellate Court in the last part of the judgment dtd. 27/8/2021 gave the following observation which has caused grave injustice to the petitioner and the same is also error apparent on the face of record which needs to be set aside for the sake of justice. As submitted by Learned senior counsel, the said last operative portion of the judgment of the Learned First Appellate Court runs as follows :