SUBIMAL KUNDU Vs. J. R. AGARWAL

JUDGEMENT

(1.) The revisional application arises out of an order dated September 21, 2022, passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah in Title Suit No. 40 of 1989.

(2.) By the order impugned, the learned court allowed the application dated January 18, 2019 under Sec. 11 of the West Bengal Court Fees Act, 1970 (hereinafter referred to as the said Act), filed by the defendant. The District Registrar, Howrah was directed to submit a report in respect of the valuation of the suit property after appropriate enquiry, without being influenced by the parties in the suit.

(3.) Mr. Mukherjee, learned advocate appearing on behalf of the plaintiff/owner, submits that the suit was filed in 1989. The defendant had been consistently trying to drag the suit by filing improper applications under Sec. 17(1) and 17(2) of the West Bengal Premises Tenancy Act. Thereafter, those applications were dismissed. Suddenly in 2019, the plaintiff once again decided to delay the progress of the suit by filing a frivolous application under Sec. 11 of the said Act.