JATASANKAR SHAW@ GUPTA Vs. SHABANA ROZE CHOWDHURY

JUDGEMENT

(1.) While hearing the application for interim order, it appears that the matter has to be gone into in detail, which will virtually mean the hearing of the appeal itself.

(2.) By consent of parties, the appeal is treated as on day's list, and the application and the appeal is taken up for hearing.

(3.) This appeal arises out of Order No. 50 dated 24th of July, 2001 passed in Title Suit No. 953 of 1998 by the learned Judge, City Civil Court at Calcutta. The appellant as plaintiff filed a suit for declaration of his status as tenant in respect of the suit premises as against the defendant. In the suit, an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) was filed. The defendant filed his objection. The defendant had also filed an application under Order 39 Rule 4 of the Civil Procedure Code. The application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was heard and disposed of by an Order No. 37 dated 15th March, 2001. The fact remains that the application under Order 39 Rule 4 was not disposed of.