ALI TRIPURA AND ORS. Vs. JAMINI KUMAR TRIPURA

JUDGEMENT

(1.) Heard Mr. R. Dutta, learned counsel appearing for the defendant-appellants as well as Mr. D. K. Das Choudhury, learned counsel appearing for the respondent-plaintiff.

(2.) This is an appeal under Section 100 of the CPC challenging the order dated 12.03.2012 delivered in Title Appeal No.25 of 2011 whereby the appeal was consequentially dismissed as the connected petition for condonation of delay was dismissed. While admitting the appeal against the said order dated 12.03.2012 by the District Judge, South Tripura, Udaipur, this court had formulated the following substantial question of law:

(3.) Mr. R. Dutta, learned counsel appearing for the defendant-appellants has submitted that entirely for the laches of the engaged counsel an ex parte decree could be passed by the Civil Judge, Sr. Divn., South Tripura in Title Suit No.16 of 2009 vide judgment and order dated 04.06.2010. The suit was filed for declaration of right, title and interest over the schedule land and for recovery of the possession from the land described in the Schedules-C, D & E by evicting the defendants No.1, 2, 3 and 4. However, the prayer for mesne profit has been dismissed by the trial court. By the said ex parte judgment, it has been observed that: