AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Lodh, J
Heard Mr. D. R. Chowdhury, learned senior counsel assisted by Mr. S. Sarkar, learned counsel appearing for the plaintiff-appellants. Also heard Mr. S. Mahajan, learned counsel appearing for the defendant-respondents.
This is an appeal under Section 96 of the Code of Civil Procedure against the judgment and order of dismissal dated 12.02.2021 passed in case no. T.S. (P) 08 of 2019 by the learned Civil Judge, Senior Division, Court no.4, West Tripura, Agartala.
Both the learned counsels appearing for the parties have submitted that the Partition suit instituted by the appellant has been dismissed only on the ground that the suit is hit by the doctrine of res judicata.
Mr. Chowdhury, learned senior counsel has submitted that true it is that the appellant had instituted a suit for partition prior to the filing of the instant suit, but, that suit bearing No. T.S. (P) 167 of 2013 was dismissed for the default.
Mr. Mahajan, learned counsel has submitted that this is the only ground to dismiss the present suit.
I have considered the submissions of learned counsels appearing for the parties to the lis.
It is admitted position that the suit bearing No. T.S. (Partition) 167 of 2013 has not been decided on merit. It was dismissed for the default.
In this circumstance, a party to the suit may file a fresh suit, and the subsequent suit will not be barred by doctrine of res judicata.
Having held so, I allow this first appeal and remit the matter back to the court of learned Civil Judge, Senior Division, Court No. 4, West Tripura, Agartala to proceed with the case on merit in accordance with law.
With the aforesaid observation and direction, the instant first appeal stands allowed, and thus disposed.
Send down the LCRs immediately.