MANJU SAHA Vs. NIROBALA DAS AND ORS.

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.02.2016 passed by the learned Civil Judge (Sr. Division), Court No. 2, West Tripura, Agartala whereby he rejected two applications; one fled by Smt. Manju Saha and another fled by Utpal Deb for being impleaded as parties.

(2.) The original suit was fled by Smt. Nirobala Das (Dey) and her sons Rakesh Dey and Rajib Dey and Smt. Moni Dey (Das), daughter of Late Rakhal Chandra Dey. In the suit, it was alleged that Late Sri Rakhal Ch. Dey deserted plaintiff No. 1 in the year 1992 and started cohabiting with Smt. Manju Saha and the defendants Nilotpal Dey and Smt. Priyanka Dey are the children of Rakhal Ch. Dey from Smt. Manju Saha. In the suit Smt. Manju Saha was not made a party and only Nilotpal Dey and Smt. Priyanka Dey were made parties but in the address it was clearly mentioned that they are residents of: C/O. Smt. Manju Sha, Badharghat, Milanchakra, P.S. West Agartala, District -West Tripura.

(3.) Notices issued to the respondents were received back with the report that they had refused to accept summons. They are the children of Smt. Manju Saha and since they did not appear, the suit proceeded against them ex -parte and finally, a preliminary decree was drawn up in which the shares of the parties were determined. As per the preliminary decree, the plaintiffs had 1/6th share each, i.e. 4/6th share in the property of Late Sri Rakhal Ch. Dey and the defendants Nilotpal Dey and Smt. Priyanka Dey had 1/6th share each, i.e. 2/6th share in the property. Therefore, by partition it was held that 2/3rd of the property of Late Sri Rakhal Ch. Dey was to fall to the share of Smt. Nirobala Das (Dey) and her children and 1/3rd to the share of Nilotpal Dey and Smt. Priyanka Dey.