CHHABI SADHU Vs. RINA SAHA

JUDGEMENT

(1.) This review application was filed by the petitioners against the judgement and order dated November 20, 2013 passed by His Lordship the Hon'ble Justice Prasenjit Mandal, as His Lordship then was, in C.O. No.3448 of 2013 on the alleged ground that the order impugned is not sustainable since there is error on the face of record.

(2.) Facts reveal that the opposite party no.1/plaintiff filed a suit for eviction and recovery of khas possession, damages and mesne profit in respect of suit property as described in the schedule in the plaint against the original tenant viz. Ajay Kumar Sadhu, since deceased, before the learned Judge, Senior Division, at Sealdah. The suit was registered as ejectment suit No.1 of 2007. The original defendant, Ajay Kumar Sadhu was duly served with summons. Said Ajay Kumar Sadhu filed an application on 6th December, 2007 questioning the maintainability of the suit before the learned Civil Judge, Senior Division, at Sealdah inter alia, stating that the learned Court has got no jurisdiction to entertain the suit since the defendants/opposite parties have made a claim for damages of Rs.50,000/- which ought not have been included and/or added for variation of the suit and according to him, the learned Civil Judge, Junior Division would have jurisdiction to try and decide the suit.

(3.) Thereafter another application dated 19th August, 2008 was filed for consideration of non-maintainability of the suit before the learned Court due to subsequent information thereby making a prayer for dismissal of the suit.