Ashok Daga And ANR v. Harsha Badani And ORS

22.11.2021 Item No.47 Court No.18 AJ.

C.O. 1932 of 2021 Ashok Daga & Anr.

-Vs- Harsha Badani & Ors.

Mr. Abhijit Ray, Mr. Shubham Gupta.

...for the petitioners.

Mr. Abhijit Ray, learned counsel appears on behalf of the petitioners.

The defendants in a suit for ejectment being Ejectment Suit No. 378 of 2019 pending before the learned 6th Bench, Small Causes Court, Calcutta are the petitioners of the present application under Article 227 of the Constitution of India.

The petitioners have assailed the order dated August 25, 2021 whereby the learned Chief Judge has kept an application filed by the petitioners under Order VII Rule 11(d) of the Code of Civil Procedure with the record to be considered at the time of hearing of the suit. The issue regarding the maintainability of the suit is in-built in deciding the said suit on merit, therefore, to decide the said issue along with the other issues to be framed in the said suit is the right approach, as such, the order impugned does not call for any interference.

C.O. 1932 of 2021 is disposed of with a request to the learned Chief Judge to dispose of the application filed by the petitioner under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 in accordance with law. All points taken by the petitioners in the said application are kept open.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)