Calcutta High Court (Appellete Side)
Hena Halder vs Soumitra Parui And Others on 15 November, 2018
1 S/l. 15.11.
9. Bpg 2018 In the High Court at Calcutta Civil Revisional Jurisdiction C.O. No.3601 of 2018 Hena Halder Versus Soumitra Parui and others Mr. Hiranmay Bhattacharyya, Mr. Tanmoy Mukherjee.
...for the petitioner.
A valid question has been raised by the petitioner as to whether the trial court refused to exercise jurisdiction vested in it by law in relegating an application by the defendant no.2/petitioner for deciding the maintainability of the suit as a preliminary issue till disposal of the suit, more so since there appears to be some doubt as to whether the suit could be maintainable in its composite form for eviction in respect of a tenancy as well as in respect of a licensed property and as to whether, on the face of the tenancy 2 agreement produced by the plaintiffs, the entire property was a tenanted one.
This revisional application is required to be heard on such question.
Accordingly, the petitioner will serve copies of C.O. No.3601 of 2018 on the opposite party nos.1 and 2 indicating that the matter will appear as a "Contested Application" in the monthly list of December, 2018. Service on the proforma opposite parties is dispensed with for the present.
The petitioner will file an affidavit of service on the next date of hearing.
There will be an order of stay of all further proceedings in Title Suit No.195 of 2011 pending in the First Additional Court of Civil Judge (Junior Division) at Diamond Harbour, District-South 24 Parganas, till December 21, 2018 or until further orders, whichever is earlier.
(Sabyasachi Bhattacharyya, J. )