GOUTAM SAHA Vs. SHOVA RANI SAHA
HIGH COURT TRIPURA
Shova Rani Saha
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Akil Kureshi, J. -
(1.)Heard learned counsel for the parties for final disposal of this revision petition.
(2.)This revision petition is filed by the original defendant of T.S.(Partition) No.04/2018 filed by the present respondents before the learned Civil Judge, Sr. Division, Belonia, South Tripura. Petitioner has challenged an order dated 16.03.2019 passed by the learned Judge by which she was pleased to reject an application dated 06.03.2019 filed by the present petitioner. In the said application, the petitioner had prayed for raising an issue of res judicata and trying the same as a preliminary issue. Case of the petitioner was that with respect to the same subject matter as involved in the civil suit, the parties had arrived at a compromise before the Lok Adalat which was recorded by the Lok Adalat on 22.05.2006 and decree was ordered to be drawn. The plaintiffs, therefore, cannot raise the same issue in a fresh suit.
(3.)This application was rejected by the learned Judge besides on another ground that the Temporary Lok Adalat constituted by the Sub-Divisional Legal Services Committee was not according to the provisions prescribed by the Legal Services Authorities Act and order passed by such a body without compromise or settlement between the parties was a nullity.
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