RAJ KUMAR MODI Vs. PRABHAS DUTTA

JUDGEMENT

(1.) ONE Shri Raj Kumar Modi by filing the present application under Article 227 of the Constitution of India has prayed for setting aside the order No.134 dated 15th July, 2010, passed by the learned Second Judge of Small Causes Court at Calcutta in Ejectment Suit No.636 of 2001 and also for other order or orders as the Court deems fit and proper.

(2.) HAVING gone through the materials on record it could be detected that opposite party/plaintiff Shri Prabash Dutta by instituting the Ejectment Suit No.207 of 1999 in the City Civil Court at Calcutta prayed for eviction of the present applicant/tenant from the suit premises being one coal shop room situated in premises No.64/A, Malanga Lane under Bowbazar Police Station on the ground of reasonable requirement. In the said suit the present applicant/defendant entered appearance and thereafter submitted an application under Section 17(2)(a) and (b) of the West Bengal Premises Tenancy Act, 1956. Subsequently, pursuant to two notifications being No.2475L and 2474L dated 25th October, 1999, all the Ejectment suits under the provisions of West Bengal Premises Tenancy Act, 1956 were transferred from the City Civil Court at Calcutta to Small Causes Court at Calcutta for trial and disposal.

(3.) IT has been contended on behalf of the petitioner that the learned Chief Judge, Small Causes Court, Calcutta upon receiving the suit in question on transfer from the City Civil Court, Calcutta ought to have transferred the same for trial to any other bench subordinate to it, instead of rejecting the petitioners application under Order 7 Rule 10 Civil Procedure Code with a view to avoiding any anomaly and/or irregularity in the matter of proper adjudication of the suit. In the circumstances, the present petitioner by filing the revisional application under Article 227 of the Constitution of India being CO No.275 of 2010 challenged the order No.120 dated 9th November, 2009 relating to return of the plaint passed by the learned Chief Judge, Small Causes Court, Calcutta in Ejectment Suit No.636 of 2001 before the Honble High Court, Calcutta whereupon His Lordship Mr. Justice Jyotirmoy Bhattacharya upon hearing the parties concerned was pleased to set aside the impugned order dated 9th November, 2009 without passing any order of transfer of the suit but issued direction upon the learned Chief Judge, Small Causes Court, Calcutta to send the records of the said suit to the learned 2nd Judge, Small Causes Court, Calcutta for trial inasmuch the records of the suit in question was earlier called for by the successor in office of the learned Chief Judge, Small Causes Court, Calcutta. The suit was, however, in the meantime already transferred to the learned Judge, 2nd Bench of Small Causes Court, Calcutta by the learned Chief Judge himself. Honble Court while passing the order dated 24th June, 2010 in CO No.275 of 2010 asked the learned Transferee Court, 2nd Bench, to make an utmost endeavour for disposal of the suit as expeditiously as possible and preferably within a period of one year from the date of communication of the said order.