6624/2009 on 1 July, 2013

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Calcutta High Court (Appellete Side)

6624/2009 on 1 July, 2013

Bench: Indira Banerjee

                                        1




         S.A. 58 OF 2010
            With
      C.A.N. 6624 OF 2009

Mr. Mahendra Prosad Gupta,
Mr. Sanjib Das.
          ..for the appellant.


      The   appeal   will     be    heard   on    the   following    substantial
questions of law;


      I.    Whether the Court is absolved of its liability to frame
            issues only because the defence of the defendant has
            been struck out?
      II.   Whether a decree of eviction in respect of composite
            tenancy can be passed without impleading all the tenants
            in common?


      Call for the records.

      Issue usual notices.


Re:   Application for Stay (CAN 6624 of 2009)
      Copy of the application being CAN 6624 of 2009 be served on
the respondents/opposite parties within a week from date.                     An

affidavit of service be affirmed and kept ready. The matter will appear before the appropriate regular Bench two weeks hence.

Let the Lower Court Records be called for by special messenger at the cost of the appellant to be put in within a week from date. The Lower Court Records shall be brought to this Court 2 within two week from the date of deposit of special messenger costs.

If the Lower Court Records are found complete, the Office shall issue notice of arrival of Lower Court Records on the learned advocate on record for the appellant.

The appellant shall prepare and file requisite number of informal Paper Books out of Court.

All other formalities are dispensed with.

Liberty is given to the parties to mention the Appeal for hearing as soon as the Paper Books are ready.

( INDIRA BANERJEE,J.) (ANINDITA ROY SARASWATI,J.)

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Calcutta High Court (Appellete Side)