ISHWARI PRASAD SHAW Vs. BIBHUTI BHUSAN DUTTA

JUDGEMENT

(1.) The defendant in a suit for recovery of possession is the petitioner in this revisional application under Article 227 of the Constitution. It is directed against order dated January 19, 2012 passed by the learned trial Judge, whereby a petition dated January 9, 2012 filed by the plaintiff seeking recall of PW-1 for proving the minutes of the meeting dated January 8, 2005 of the plaintiff has been allowed with cost of Rs. 500/- to be paid to the defendant as condition precedent and February 17, 2012 fixed for further evidence of PW-1 on recall.

(2.) A deed was executed by and between the plaintiff and the defendant in terms whereof the latter was granted lease in respect of the suit property for 21 years commencing from January 1, 1987 and expiring on December 31, 2007. The lease having expired, the plaintiff called upon him to vacate and deliver possession of the suit property. Since possession was not vacated, the plaintiff instituted the suit.

(3.) The plaint was signed by Sri Pradyut Kumar Dutt. The affidavit accompanying the plaint was sworn by Sri Dutt claiming himself to be a director of the plaintiff. It was also stated that he was competent to swear the affidavit on behalf of the plaintiff.