LAWS(CAL)-2024-10-11

PLASTO ELTRONICS PVT. LTD. Vs. SAMPAT DEVI SHAW

Decided On October 01, 2024
Plasto Eltronics Pvt. Ltd. Appellant
V/S
Sampat Devi Shaw Respondents

JUDGEMENT

(1.) The instant civil revision application has been preferred under Article 227 of the Constitution of India Challenging the order dtd. 22/3/2022 passed by Ld. Civil Judge, Junior Division, 1st Court, Sealdah in connection with Ejectment Suit No. 84 of 2011 wherein Ld. Judge rejected the prayer of the petitioner for expunging the names of the substituted defendant nos. 1(b) to 1(d) from the cause title of the plaint in terms of the provision of Sec. 2(g) of the West Bengal Premises Tenancy Act, 1997 (for short WBPT Act).

(2.) There is no debate that the petitioners filed an Ejectment Suit registered as 84 of 2011 with a prayer for eviction of the tenants in respect of subject property. It is also not disputed that after demise of the original tenant, Jangilal Shaw on 1/2/2015, all his legal heirs/ opposite parties herein were substituted invoking the provision of Order 22 Rule 4 of the Code of Civil Procedure (for short CPC).

(3.) On 13/4/2021 plaintiffs/petitioners herein filed one application with prayer for expunging the name of sons of the original tenant/ opposite parties no. 2 to 4 herein i.e. substituted defendant nos. 1(b) to 1(d), invoking the provision of Sec. 2(g) of the WBPT Act.