RAJ KUMAR MODI Vs. PRABHAS DUTTA

JUDGEMENT

(1.) Originally, the suit for eviction on the ground of reasonable requirement of the Plaintiff/opposite party was filed against the Defendant/Petitioner herein in the City Civil Court at Calcutta as the said Court had both territorial and pecuniary jurisdiction over the subject matter of the said suit at the time of filing thereof. During the pendency of the said suit, City Civil Court (Amendment) Act, 1999 came into operation. By virtue of such amendment, all suits for eviction under the West Bengal Premises Tenancy Act, 1956 which were pending before the City Civil Court at Calcutta stood transferred to the Presidency Small Causes Court at Calcutta. Since the suit property was within the territorial jurisdiction on of the learned Chief Judge, Presidency Small Causes' Court at Calcutta, the said suit was transferred to the Court of the learned Chief Judge, Presidency Small Causes Court at Calcutta.

(2.) After such transfer was made, the defendant and petitioner filed an application under Order 7 Rule 10 of the Code of Civil Procedure for return of the plaint to the Plaintiff for presentation thereof to the appropriate forum for its trial.

(3.) The Defendant contended that since the learned Chief Judge of the Presidency Small Causes Court belongs to the cadre of higher judicial service, the said suit cannot be tried by the learned Chief Judge. Presidency Small Causes Court at Calcutta as a trial Court, in view of the said amendment of the City Civil Court Act of 1999 which provides that the appeal against the ultimate decree which will he passed in such a suit by the learned Chief Judge. Presidency Small Causes Court at Calcutta will lie before the City Civil Court at Calcutta where the judges belong to the same cadre of service to which the Chief Judge, Presidency Small Causes Court, belongs.