Calcutta High Court (Appellete Side)
Duncan International (India) Limited vs Anglo India Jute Mills Co. Limited & Ors on 19 February, 2019
1 Sl. February
44. 19, 2019 High Court at Calcutta Civil Revisional Jurisdiction C.O. 3641 of 2018 Duncan International (India) Limited Versus Anglo India Jute Mills Co. Limited & ors.
Mr. Aniruddha Chatterjee, Mr. Rajarshi Dutta, Mr. Debargha Basu, ...for the petitioner.
The petitioner is justified in contending that the trial court might have acted without jurisdiction in permitting a local investigation on a vague point, thereby issuing commission for enquiry to assess "the fair rental value of the suit property", without any indication as to how such value would be arrived at and as to what would be the exact scope of investigation.
Accordingly, the petitioner is directed to serve a copy of this revisional application bearing C.O. 3641 of 2018 on the plaintiff/opposite party no. 1, along with a notice indicating that this revisional application will appear for hearing as a "listed motion" in the monthly combined list of cases for the month of March, 2019 and to file an affidavit of service to that effect at the next hearing.
Service of this revisional application on the opposite parties 2 no. 2 and 3 is dispensed with for the present.
There will be an order of stay of operation of the impugned order dated July s5, 2018 passed by the Civil Judge (Senior Division), First Court at Alipore, South 24-Paraganas, in Title Suit No. 53 of 2001 till March 31, 2019 or until further orders, whichever is earlier.
( Sabyasachi Bhattacharyya, J. ) dns