LAWS(TRIP)-2017-1-11

SHRI RAIHARAN DATTA, S/O. LATE RAMESH CHANDRA DUTTA Vs. SHRI PARIMAL CHANDRA BAIDYA, SON OF LATE JATINDRA KUMAR BAIDYA OF UDAIPUR TOWN (NEAR INSPECTOR OF SCHOOLS, UDAIPUR) P.S. RADHAKISHOREPUR, UDAIPUR. DISTRICT SOUTH TRIPURA.

Decided On January 10, 2017
Shri Raiharan Datta, S/O. Late Ramesh Chandra Dutta Appellant
V/S
Shri Parimal Chandra Baidya, Son Of Late Jatindra Kumar Baidya Of Udaipur Town (Near Inspector Of Schools, Udaipur) P.S. Radhakishorepur, Udaipur. District South Tripura. Respondents

JUDGEMENT

(1.) Heard learned senior counsel, Mr. A.K. Bhowmik assisted by learned counsel, Mr. R. Dutta for the appellant-petitioners, learned senior counsel, Mr. S.M. Chakraborty assisted by learned counsel, Ms. B. Chakraborty for respondent No.1 and learned counsel, Mr. K.K. Pal for the respondent Nos.2 & 3.

(2.) The petitioners as appellants preferred RFA No. 1 of 2011 against the respondent-OPs challenging judgment and decree dated 26.04.2011, passed by learned Civil Judge (Senior Division) South Tripura , Udaipur in Case No. T.S. No.19 of 2009. That appeal preferred by appellant petitioners was partly allowed by this Court by judgment dated 24.07.2014, followed by appellate decree dated 29.08.2014. The appeal was disposed of with the following observations and decisions of this Court:-

(3.) After the aforesaid appellate judgment and decree was passed, the appellant-petitioners presented one petition under Order 6, Rule 17 read with Sec. 151 of Civil Procedure Code seeking amendment in the cause title of the memorandum of appeal, which was registered as IA No. 1561/2016 and sought for correction of the father's name of appellant No. 1 and the name of appellant No.6. It was stated in that petition that the father's name of appellant No.1 was actually 'Ramesh Chandra Dutta' but it was inadvertently typed as 'Himesh Chandra Dutta' and that the name of plaintiff-appellant No.6 was 'Manash Kanti Roy' but it was inadvertently written as 'Naresh Kanti Roy'.