SMTI. KALPANA PAUL Vs. SRI JYOTI BHUSAN DHAR
HIGH COURT TRIPURA
Smti. Kalpana Paul
Sri Jyoti Bhusan Dhar
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(1.) Heard Mr. S. Mahajan, learned counsel appearing for the petitioners as well as Mr. B. Saha, learned counsel appearing for the respondent.
(2.) By filing this petition under Article-227 of the Constitution of India, the petitioners have challenged the order dated 19.11.2016 passed in T.S. 54 of 2016 by the Civil Judge, Sr. Division, Court No. 2, Agartala, West Tripura along with the order dated 23.06.2017 delivered in T.S. 54 of 2016 by the said Court.
(3.) The respondent filed a suit being T.S. 54 of 2016 for declaration of title and confirmation of possession along with the consequential relief of permanent injunction in respect of the suit land. The petitioners, the defendants in the suit, raised a preliminary objection regarding the maintainability of the suit being barred by res-judicata as the previous suit in respect of the same suit land being T.S. 161 of 2007 was dismissed under Order-IX, Rule-8 of the CPC, as the plaintiff did not appear on the day of hearing but the defendant in that suit had appeared. The decree recording dismissal of the suit for non-prosecution was passed.;
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