AMAR BIR ANAND Vs. RAJARAM JAIPURIA

JUDGEMENT

(1.) This revisional application is arising out of an order passed by the learned Judge, 2nd Court, Presidency Small Causes Court, Calcutta in Ejectment Suit No.13 of 2011 by which the application filed by the plaintiff under Order 22 Rule 10 of the Code of Civil Procedure was allowed by the learned trial Judge. The original plaintiff instituted a suit for eviction. During the pendency of the suit, the suit property was transferred in favour of the opposite party Nos.4 to 7 by a deed of conveyance executed on 11th November, 2006.

(2.) The original plaintiff contended that both the Ejectment Suit was filed in 1993 and ought to have been transferred to the Small Causes Court, Calcutta since the records were missing, the said transfer could not be effected. An application was also filed in June, 2007 for dispatch of the record of the said suit to the learned Chief Judge, Small Causes Court, Calcutta with a prayer that in the event the suit records could not be traced to pass appropriate orders for reconstruction of the said record. No record, however, could be traced and in view of absence of such record, an application for reconstruction could not be listed. With such grievance, an application was filed in the Original Side of this Court being ALP NO.20 of 2010 for transfer of the said suit to the Small Causes Court. In the said application, the respondents consented to an order being passed for reconstruction. Accordingly, an order was passed on 18th May, 2010 upon the original City Civil Court to locate and trace to file and in the event, such records could not be traced, steps to be taken for reconstruction of the said records. The said application was finally disposed of by an order dated 7th July, 2010 after taking into consideration that in view of the amendment to the West Bengal Premises Tenancy Act, Small Causes Court retains the jurisdiction to decide the suit and the original City Civil Court was directed to take appropriate steps for reconstruction of the records in order to facilitate expeditious disposal of the suit. In the meantime, an application was filed by the petitioner/defendant No.1 under Section 17(2) of the West Bengal Premises Tenancy Act, 1956, in which an order was passed on September 19, 2011, the relevant portion is set out hereinbelow:-

(3.) The relationship of landlord and tenant does not appear to have been disputed by the petitioner in the said proceeding. However, there is no doubt that prior to the disposal of the said application, there has been a devolution of interest and transfer of ownership in favour of the opposite party No.4 to 7. Subsequently, an application was filed by the original plaintiffs on 8th February, 2012 for substitution of the plaintiffs by the said opposite party Nos.4 to 7 by reason of devolution of interest. Such an application was filed under Order 22 Rule 10 of the Code of Civil Procedure.