Calcutta High Court (Appellete Side)
Chaitanya Dev Nandi vs Somdev Maiti & Anr on 6 February, 2018
1 In The High Court At Calcutta Civil Revisional Jurisdiction 6.2.18 CO 2671 of 2017 Chaitanya Dev Nandi
-Vs-
Somdev Maiti & Anr.
Mr. Sabyasachi Mukhopadhyay Ms. Koushikee Banerjee (Mukherjee) Mr. Pranjal Pal ... for the petitioner.
Mr. Debjit Mukherjee Ms. Susmita Chatterjee ... for the opposite parties.
This application under Section 24 of the C.P.Code has been filed with a prayer for transfer of Suit for Eviction, Khas Possession and mesne Profits being Title Suit No. 257 of 2012 pending in the Court of Learned Civil Judge (Junior Division), 2nd Court at Howrah to any other Court having the jurisdiction to deal with the provisions of Premises Tenancy Act except the Civil Courts at Howrah, inter alia, on the grounds that the opposite party no. 1 is a renowned lawyer and has influence in the Court at Howrah and that the petitioner is apprehensive in mind that he may not get justice.
Learned advocate for the opposite parties invites my attention to the factual aspect of the case that the suit was filed in the year 2012 and pursuant to the same the defendant/petitioner herein entered appearance and filed an application under Section 7 of the West Bengal Premises Tenancy Act Act and the petitioner was depositing rent in compliance of the Court's order. 2
Application for local inspection under Order 39 Rule 7 was also allowed in his favour and the inspection was held. The evidence of the petitioner has been conducted and after framing of the issues and evidence of the plaintiff has been closed it was at the stage of evidence of the DW-I that the defendant did not take any step and for that the learned Court below has closed the evidence of the defendant. The evidence of the PW-I reveals that he was examined in chief in full but the cross-examination was not conducted by the defendant and for that the evidence of PW-I was closed on the same date against that order a revisional application being CO 3737 of 2017 has been filed and is still pending before this Hon'ble High Court and similarly this revisional application has been filed under Section 24 praying for transfer of the above-mentioned case to any other Court other than Howrah Court.
In my considered view the grounds so taken is not sufficient to warrant an order of transfer of the suit to any other Court.
For the reasons, the revisional application is disposed of. However, there shall be no order as to costs.
Certified website copy of the order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
sh ( Shivakant Prasad, J)