BISWANATH PAL Vs. UMA DEB

JUDGEMENT

(1.) Heard Mr. D.K. Biswas, learned counsel appearing for the appellants.

(2.) This is an appeal under Sec. 100 of the CPC from the judgment dtd. 29/4/2019 delivered in Title Appeal No.15 of 2018 passed by the District Judge, West Tripura, Agartala. By the said judgment, the learned District Judge has affirmed the judgment dtd. 3/4/2018 delivered in Title Suit No.49 of 2016 by the Civil Judge, Senior Division, Agartala, West Tripura, Court No.2.

(3.) Mr. D.K. Biswas, learned counsel appearing for the appellants has submitted that at the first instance when they received the summons from the trial court, the defendant-appellants made an application under Order 7, Rule 11 of the CPC for rejection of the plaint as the suit was time-barred. In the course of time, the said petition was rejected in absence of representation and not on merit.