Calcutta High Court (Appellete Side)
Sukhpal Kaur vs Partha Dan on 22 August, 2023
22.8.2023 ct. 236 sk,sl. 3 C.O. 2809 of 2022 (Assigned) Sukhpal Kaur-vs-Partha Dan Mr.Anindya Ghosh Mr. Sayan Das ...for the petitioner.
Mr. M.P.Gupta Mr. Dilip Kr. Saila ...for the O.P. This application under Article 227 of the Constitution of India impeaches the order dated 24th June, 2022 passed by the learned Civil Judge (Sr. Division), 4th Court at Alipore in Ejectment Suit No. 6 of 2021.
By the order impunged learned trial court held that with the consent of learned counsel representing the parties the issue involved under Section 7(2) of the West Bengal Premises Tenancy Act will be adjudicated along with the suit.
Mr. Anindya Ghosh, learned counsel for the petitioner assails the order impunged on the ground that in a composite order learned trial court could not have framed the issues without disposing of the application under Section 7(2) of the West Bengal Premises Tenancy Act on merit. When the order was passed virtually on consent of the parties, I do not find any reason to interfere with the order impugned on the ground of jurisdictional error committed by the learned trial court, particularly when the defendant/petitioner shall have the opportunity to raise the issues involved in the petition under Section 7(2) of the West Bengal Premises Tenancy Act during trial.
Though, the learned trial court ought to have held hearing under Order 10 of the Code of Civil Procedure before embarking on framing of 2 issues but for that reason it cannot be said that the order impugned is perversed.
The revisional application does not merit any further consideration and is disposed of.
(Siddhartha Roy Chowdhury, J)