Calcutta High Court
Kamakhya Singh Deo vs Modula India on 17 June, 2008
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 ORDER SHEET GA No.1824 of 2008 CS No.568 of 1979 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE In the matter of:
Kamakhya Singh Deo Versus Modula India Before:
The Hon'ble Justice Jayanta Kumar Biswas Date. 17.06.2008 The Court: The defendant in this suit has taken out this application for settlement of a preliminary issue regarding jurisdiction of this court, and hearing of such issue before hearing of other issues. Mr. Mitra, counsel for the plaintiff, submits that first hearing of the suit took place sometime in 1980 when the witness of the plaintiff was examined-in-chief and was under cross-examination. He says that in the course of cross- examination of the witness question arose regarding scope of right to cross-examine by the defendant whose defence had been struck off in view of the provisions of s.17(3) of the West Bengal Premises Tenancy Act, 1956, and that the question was ultimately settled with the disposal of the appeal by the apex court. Under 2 the circumstances, it is to be ascertained whether issues in the suit were at all framed at any point of time. It is further to be examined whether at this distance of time a preliminary issue regarding jurisdiction can be framed and decided. Because of changes, I am told, advocates-on-record for the parties are not in a position to give necessary instructions to their counsel readily. To enable all concerned to ascertain what happened in the suit till today, I adjourn hearing of this application until next Tuesday. The Registrar, Original Side is directed to see that all records and orders of the suit are made available for inspection by the advocates-on-record and counsel for the parties, and also for production before this court by next Thursday.
Place the matter on the daily list as "adjourned motion" next Tuesday.
Registrar and all parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(Jayanta Kumar Biswas, J.) SP/