SACHIDANAND MISHRA Vs. GOPALKA AUTO FINANCE

JUDGEMENT

(1.) :-

(2.) THIS Rule raises a short but interesting point. Before, however, we indicate the point, it is necessary to state the facts of the case which lie in a narrow compass.

(3.) THEREAFTER, the petitioner filed an application under Section 33 of the Act before the learned Chief Judge, City Civil Court, Calcutta, challenging the existence and genuineness of the alleged agreement and characterising the same as a piece of fraud and forgery. The application under Section 33 was registered and numbered as Misc. Case No.235 of 1977. The said Misc. Case, on transfer, eventually came up for hearing before the learned Judge, 9th Bench, City Civil Court, Calcutta.