Calcutta High Court
Smt. Shakuntala Pandiya & Ors vs Russel Estate Corporation & Ors on 20 February, 2014
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
GA No.3772 of 2007
With
CS No.128 of 1982
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SMT. SHAKUNTALA PANDIYA & ORS.
Versus
RUSSEL ESTATE CORPORATION & ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 20th February, 2014.
Appearance:
Mr. Jishnu Saha, Adv.
Mr. A. Mukherjee, Adv.
Mr. P.K. Das, Sr. Adv.
The Court : I have considered the pleadings and the issues
suggested by the parties. The issues are settled as follows:
1.Are the claims of the plaintiffs barred by limitation ?
2. Has the suit abated by reason of non-substitution of the legal representatives of the deceased parties?
3. Is the suit maintainable by reason of the bar contained in Section 14 of the Specific Relief Act?
4. Are the transposed plaintiff entitled to claim any of the reliefs as prayed for by the original plaintiffs?
5. Whether the Agreement entered into by the transposed plaintiffs are lawful, valid and binding on the defendants? 2
6. Whether the transposed plaintiffs were and are ready and willing to perform their obligations under the Agreement?
7. To what reliefs if any, are the transposed plaintiffs entitled ?
(DEBANGSU BASAK, J.) B.Pal