KRISHNA GUHA Vs. SHURID DEY

JUDGEMENT

(1.) Petitioner herein preferred this application under article 227 of the Constitution of Indian challenging order no. 13 dtd. 19/3/2019 passed by the learned Judge, 2nd Bench, Presidency Small Cause Court (in short PSC Court) at Calcutta in Ejectment Suit No. 190 of 2018. The opposite parties being the landlords instituted aforesaid suit for eviction of the defendant /petitioner from the suit premises. The petitioner herein as defendant /tenant appeared in the said suit after receipt of summon and filed an application under order VII Rule 10 of the Code of Civil Procedure (CPC) for return of the plaint.

(2.) In the said application, petitioner contended that the PSC Court has no inherent jurisdiction to try the said ejectment suit for the following reasons:-

(3.) The opposite parties herein as plaintiff filed written objection against the aforesaid application filed under order VII Rule 10 seeking return of plaint by the petitioner herein. Learned court below after contested hearing was pleased to reject petitioner/defendant's application under order VII Rule 10 of CPC with costs.