STATE OF TRIPURA Vs. MANABENDRA DAS CHOWDHURY

JUDGEMENT

(1.) This application has been filed by the respondents seeking review of the judgment and decree dated 5-5-1999 passed by this Court in First Appeal No. 77 of 1998. By the aforesaid judgment, this Court set aside and reversed the decree dated 20-4-1998 passed by the learned Civil Judge, Senior Division, North Tripura dismissing the Title Suit No. 10 of 1997 and the aforesaid suit was decreed with costs.

(2.) The respondent herein as plaintiff filed a suit in the Court of Civil Judge (Senior Division), North Tripura, Dharmangar for an amount of Rs. 3,99,982/- with interest for the work executed by him in accordance with the terms and conditions of the agreement entered into between himself and the respondent for supply of timber. The petitioners herein as respondents contested the suit and after trial the learned trial Court dismissed the suit. But on appeal the judgment of the learned trial Court was reversed and the suit was decreed as mentioned above.

(3.) Mr. U. B. Saha, the learned Senior Government Advocate for the review-petitioners has submitted that the suit brought by the plaintiff was one against the State of Tripura and this Court on an erroneous approach on point of law that the Forest Department having not been made a party the amount due and payable to the Forest Department could not be adjusted and as such the judgment was passed in favour of the plaintiff. The learned Senior Government Advocate also submits that the concerned department may not necessarily be made a party in the suit against the State as the State of Tripura being the respondent superior was the only necessary party under the law.