Chanderkanta Jagota v. State Bank Of Patiala

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 878/2016 CHANDERKANTA JAGOTA ..... Appellant Through:

Ms. Anjali Chopra, Mr. Ramesh Kumar, Advocate versus STATE BANK OF PATIALA ..... Respondent Through:

Mr. Vikram Rawal, Advocate for SBI.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 18.09.2017 C.M. No. 28409/2017 (Amendment in cause title) By this application filed under Section 151 of CPC the respondent seeks amendment in the cause title on the ground that the respondent bank has already been merged with State Bank of India. In the facts and circumstances of the case, the application is allowed and the name of the respondent in the cause title of the appeal is ordered to be changed from 'State Bank of Patiala' to 'State Bank of India'.

Application stands disposed of.

R.F.A. No. 878/2016 It has been submitted by the parties to the present suit that the suit was filed on 31st October 2013 for specific performance of the

agreement, which was due to expire on midnight of 15.03.2012 and thereafter execution of another lease deed with enhanced rent of 25% of rent starting from 16th March 2012 and ending on 15.03.2017 (midnight). Apparently the period of 5 years starting from 16th March 2012 has ended. Therefore, in the considered opinion of the court, nothing survives in the suit.

Counsel appearing on behalf of the respondent stated at bar that the suit for extension of lease deed from 15th March 2017 has already been filed.

Considering the fact that the present suit is restricted to the period of 16th March 2012 to 15th March 2017 and the period has already elapsed, nothing survives in the present appeal. Therefore, the same is disposed of as such.

P.S.TEJI, J SEPTEMBER 18, 2017 pkb