Calcutta High Court (Appellete Side)
Ravi K. Bagaria vs Sudarshan Kumar Nayar @ on 10 July, 2018
1 50. 10.07.2018
mb In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No. 1972 of 2018 Ravi K. Bagaria
-Vs.-
Sudarshan Kumar Nayar @ S.K. Nayar & Anr.
Mr. Buddhadev Ghoshal, Mr. U.S. Menon, Mr. Abhirup Chakraborty ...for the petitioner The petitioner, being the first defendant in an eviction suit on the ground of forfeiture for non-payment of rent, has preferred the instant revisional application.
By virtue of the impugned order, the petitioner's application under Section 114 of the Transfer of Property Act, 1882 was rejected merely on the ground that it was part of dilatory tactics adopted by the petitioner.
The petitioner raised a valid point as to whether the impugned order might have been passed without jurisdiction in view of the trial court having not adverted to the merits of the application and adjudicating the same in accordance with law. 2 Accordingly, petitioner will serve a copy of C.O. No. 1972 of 2018 on the opposite parties indicating that the matter will appear as a "listed motion" in the monthly combined list of August, 2018.
Petitioner will file an affidavit of service on the next date of hearing.
Service on the defendant no.2/opposite party no. 2 is dispensed with for the present.
There will be an order of stay of all further proceedings in Ejectment Suit No. 52 of 2015, pending in the Second Court of Civil Judge (Senior Division) at Alipore, District-South 24- Parganas till August 31, 2018 or until further orders, whichever is earlier.
(Sabyasachi Bhattacharyya, J.)