M/S S N Roy & Sons Rep By Pheludhan Roy v. Sardar Ajaib Singh Gill

12.6.2023 Ct. No. 236 SB C.O. 3782 of 2014 In the matter of : M/S. S.N. Roy & Sons Represented by the Proprietor, Sri Pheludhan Roy Mr. Netai Chandra Saha Mr. Abhijit Chandra Majumder ... for the petitioner Heard Mr. Saha, learned counsel appearing on behalf of the petitioner.

It is submitted that the petitioner who happens to be the defendant before the learned Trial Court died way back in 2016. There is no order of stay. Provision of Order 22 of Code of Civil Procedure has not been pressed into service. This revisional application has abated by operation of law.

According to Mr. Saha, the dispute raised by the tenant / petitioner under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 was not decided by the learned Trial Court, but the petition was disposed of while deciding the suit.

Be that as it may, this issue can be decided by the learned Trial Court and the provision of Section 105 of Code of Civil Procedure is there to protect the interest of the defendant / tenant even in appeal.

This civil revision is thus disposed of being abated. Let a copy of the order be sent to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)