Agartala, 2nd July 2026: The Tripura High Court has delivered a notable ruling, emphasizing that elderly citizens unfamiliar with technology cannot be penalized or denied justice merely for failing to track case updates on the court’s website.
A single-judge bench headed by Chief Justice M.S. Ramachandra Rao set aside the order of the Gomati District Judge and restored Title Appeal No. 19/2025, which had earlier been dismissed due to a delay of nearly 23 months. The Court held that the lower court committed a serious error in rejecting the application to condone the delay and dismissing the appeal.
The dispute originated from a civil suit filed in Udaipur in 2021 concerning ownership and possession of movable property. After the defendants’ lawyer withdrew with the court’s permission, the trial proceeded in their absence, resulting in an ex parte judgment in favor of the plaintiffs in August 2023. The defendants later argued that they were never informed of their lawyer’s withdrawal and only became aware of the decree during execution proceedings.
One petitioner, aged 77 and suffering from intermittent mental illness, and another senior citizen were among the appellants. The District Court had dismissed their plea, reasoning that they should have appointed a new lawyer and monitored the case online.
The High Court disagreed, observing that it is unrealistic to expect elderly litigants to track proceedings digitally. It noted that the defendants were “victims of circumstances” and had not caused intentional delay or negligence. The Court also clarified that there is no statutory requirement for a separate application under Section 5 of the Limitation Act to implead legal heirs of a deceased petitioner.
In its verdict, Chief Justice Rao stated: “Under these conditions, depriving them of the opportunity to present their case on its actual merits would be contrary to the interests of justice.”
Accordingly, the High Court restored the appeal, directed inclusion of the deceased appellant’s legal heirs, stayed the execution proceedings, and instructed the Gomati District Judge to dispose of the matter on merits within four months.
