APEEJAY HOUSE PVT LTD Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The instant motion has been taken out by the defendant seeking in substance dismissal of the suit instituted by the plaintiff, primarily claiming decree for khas and vacant possession of certain portion of the premises No. 15, Park Street. This portion of the premises was let out to the petitioner/defendant. The case of the plaintiff as made out in the plaint is that they had let out the subject property to the defendant as monthly tenant, and the monthly lease was determined by a notice of termination issued on 8th October, 2005. The suit was instituted upon the expiry of the term of the notice as the defendant did not vacate the premises in question.

(2.) The ground on which the dismissal of this suit has been prayed for is lack of proper pleading. The contention of the defendant is that the particulars regarding the facts constituting the cause of action and when it arose, the facts showing how this Court has the jurisdiction and the statement regarding the value of the subject-matter of the suit for the purpose of jurisdiction and of Court-fees have not been disclosed. The requirement for disclosure of these particulars and contained in clauses (e), (f) and (i) of Rule 1 Order 7 of the Code of Civil Procedure (the "Code", in short).

(3.) Mr. Pradip Kumar Ghose, learned Senior Counsel appearing for the petitioner/defendant argued that in view of the provisions of Rule 1(3) Order 4 of the Code introduced to the Code by the Code of Civil Procedure (Amendment) Act, 2002, the compliance of the above referred provisions of Order 7 of the Code are mandatory and the suit cannot be held to be duly instituted, and hence the plaint ought to be taken off the file.