SHYAMAL KUMAR DEB Vs. SUSHILA BALA SARDAR

JUDGEMENT

(1.) This application is an attempt of a defendant to forestall the eviction proceeding which is pending since 2001. The present revisional application was admitted by an order dated 21st February, 2011 and the proceeding in Title Suit No. 43 of 2001 pending before the learned Civil Judge (Senior Division), 8th Court at Alipore was stayed till the end of May, 2011 or until further order whichever is earlier. The said interim order was extended from time to time.

(2.) The subject-matter of challenge in this revisional application are the orders dated 13th September, 2010, 23rd September, 2010 and 29th September, 2010 passed by the learned Civil Judge (Senior Division), 8th Court at Alipore in Title Suit No. 43 of 2001. The said order was passed in connection with a petition filed on 16th June, 2010 on the basis of an order earlier passed by this Hon'ble Court in connection with CO. No. 751 of 2007 on 13th December, 2007.

(3.) It appears from the order dated 13th December, 2007 that an application was filed under Order 7 Rule 10 of the Code of Civil Procedure read with section 151 of the said Code praying return of the plaint on the ground that the suit was under-valued and it was claimed that the Trial Court does not have the pecuniary jurisdiction.