SUDHIR KUMAR BOSE Vs. GOBARDHANDAS JAIRAMBHAI

JUDGEMENT

(1.) These three revisional applications under Section 115 C. P. Code have been heard analogously as contested applications.

(2.) All the three applications are directed against order Dt. April 29, 1983 passed in T. S. Nos. 732, 730 and 727 of 1974 respectively -- all pending in the 9th Bench of City Civil Court at Calcutta. By the orders impugned the learned Judge has rejected independent applications for amendment of the plaints.

(3.) In order to appreciate the point involved a brief narration of facts would be helpful and there is no dispute as to the facts leading to the filing of the applications for amendment. They are : --The Opp. Parties as plaintiffs filed six suits for eviction against six tenants -- the three petitioners herein being three of them. The suits were on the ground of default. All the suits were dismissed by the trial court in May 1961. The suits were heard analogously, The landlord preferred as many appeals to the court and the appeals were allowed on 27-11-1970. Decrees for eviction were passed in all the suits. Thereafter the tenants, including the present petitioners, filed six suits -- T. S. 732, 730 and 727 of 1974 being amongst them. This time there was no order for analogous hearing. The case of the plaintiffs as made out in those suits is substantially identical. The plaintiffs prayed for declaration that the decrees passed in the first Appeals to this court were void, without jurisdiction and not binding on the parties, and for injunction restraining the Opp. Parties landlords from executing the decrees. It was alleged in the plaints that the decrees were passed without considering the mandatory provisions of Section 17(4) of the West Bengal Premises Tenancy Act and that the decree passed in appeal was without jurisdiction.