RAKHAL MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and decree, dated 24-9-10, passed by the learned Civil Judge, Senior Division, West Tripura, Agartala in Money Suit No. 01 of 1998 is in challenge, in this appeal, preferred under Section 96 read with Order 41 Rule 1 of the code of Civil Procedure.

(2.) The Appellant-Plaintiff's case, in brief, as revealed from the pleadings, may be stated as follows:

(3.) After disposal of the said Civil Rule (HC), the Appellant, as Plaintiff instituted a money suit claiming Rupees fifty lakhs as compensation from the Respondents, jointly and severally. The Plaintiff's suit was contested by the Respondent Nos. 1 to 5 by filing written statements. The Respondents-Defendants, in their written statements, amongst others, averred that the suit was not maintainable, that the same was barred by law of limitation, hit by principles of estoppels, waiver, acquiescence and bad for non-joinder and misjoinder of necessary party. Admitting the arrest of the Appellant-Plaintiff by police, the contesting Defendants denied their involvement in the alleged torture. The contesting Defendants further contended that, in view of direction to pay compensation of Rupees one lakh to the Appellant-Plaintiff, the Appellant-Plaintiff was not entitled to get any further compensation. As the Defendant No. 6 did not contest the suit, the same proceeded exparte against the said Defendant.