Kolkata Court November 1979 Judgments
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Kalipado Ghosh and anr. Vs. Sm. Abhoyabala Dassi and ors.
Court: Kolkata
Decided on: Nov-08-1979
Reported in: AIR1980Cal73
ORDERSudhindra Mohan Guha, J. 1. These applications for revision arise out of an order passed by the learned Munsif, 1st Court at Chanderna-gore, restoring a suit dismissed for non-prosecution. The opposite parties plaintiff commenced the suit being Title Suit No. 80 of 1975 in the 1st Court of the Munsif at Chandernagore for certain reliefs under Sections 36, 37-A and 38 of the Bengal Money Lenders Act on 10-4-75. The plaintiff however allowed the suit to be dismissed for non-prosecution on 1-10-75. 2. Thereafter on 27-8-76 the opposite parties filed an application under Section 151 of the Code of Civil Procedure praying for restoration of the suit which Was however allowed by the impugned order dated 24-5-78. 3. Mr. Bhaskar Ghose, learned Advocate appearing in support of the Rules contends that the trial court had no jurisdiction to exercise power under Section 151 C. P. C. when express provisions for such restoration were provided in the Code. He refers to the decision in the case o...
Nripendra Nath Chakraborty Vs. Brojendra Gopal Sen
Court: Kolkata
Decided on: Nov-07-1979
Reported in: AIR1980Cal15
ORDERSudhindra Mohan Guha, J.1. The order passed by Shri P. K. Biswas, the learned Munsif, 2nd Court, Berhampore, striking out the defence against ejectment has been challenged under the present Revision.2. The Opposite Party commenced a suit for ejectment being O. S. 72 of 1975 in the 2nd Court of Munsif, Berhampore against the petitioner on 18-3-1975 on the ground of default. The petitioner, after appearance filed an application under Section 17 (2A) of the West Bengal Premises Tenancy Act on 5-5-1975. By an order dated 23-12-75 the petitioner was allowed to pay instalment at Rs. 50 along with current rent at Rs. 25 per month. During the pendency of the suit the Opposite Party transferred the suit premises in favour of Jayanta Kumar Sinha and others under a registered conveyance dated 21-9-76. The arrear of rent was also assigned thereunder and there was also a recital to the effect that the transferees being substituted as plaintiffs would be at liberty to proceed with the pending e...
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