CRP No. 116/2016. Case: Pranballab Debnath Vs Minati Debnath and Ors.. Tripura High Court
| Case Number | CRP No. 116/2016 |
| Counsel | For Appellant: P. Chakraborty, Advocate |
| Judges | T. Vaiphei, C.J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XVIII Rules 17, 18; Section 97 |
| Judgement Date | Thursday January 19, 2017 |
| Court | Tripura High Court |
Judgment:
T. Vaiphei, C.J., (At Agartala)
1. Having heard Mr. P. Chakraborty, the learned counsel for the petitioner at considerable length, this revision is absolutely devoid of merit and is being dismissed at the very threshold.
2. The petitioner is the defendant No. 5 in the suit. The respondent No. 1 is the plaintiff in the suit and instituted the suit against the petitioner and five other defendants before the learned Civil Judge, Junior Division, West Tripura for partitioning the suit land for declaring her entitlement to 1/7th share thereon. The learned Civil Judge by the order dated 5-2-2005 passed a preliminary decree declaring 1/7th share each of the respondent No. 1 and the 6 defendants including the petitioner. Thereafter, the defendant No. 1, who is the mother of the respondent No. 2 and the five defendants including the petitioner died whereupon her right to and interest in the suit land devolved upon them. This resulted in correction of the respective shares of the parties on the suit land to 1/6th. When the parties could not amicably partition the suit land, the respondent No. filed an application for final decree for declaring their respective shares to the extent of 1/6th in the suit land. A survey commissioner was thereafter appointed.
3. The petitioner filed a written objection against the...
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