LAWS(CAL)-2008-8-2

BENGAL STEEL INDUSTRIES LTD Vs. BANK OF INDIA

Decided On August 01, 2008
BENGAL STEEL INDUSTRIES LTD. Appellant
V/S
BANK OF INDIA Respondents

JUDGEMENT

(1.) IN this application for summary judgment under chapter XIIIA of the Rules on the Original Side of this Court, the plaintiff in this suit for eviction upon expiry of the lease by efflux of time seeks a decree for eviction against the sub-lessees; the lessee having accepted the expiry and having surrendered that part of the leasehold premises that was under her direct occupation.

(2.) TWO preliminary points have been taken by the sub-lessees. The first defendant, one of the sub-lessees, says this application is not maintainable as it has not been filed within the window provided by the rules under Chapter xiiia. The first defendant shows that it has filed a written statement and the application was taken out way beyond the time permissible under the rules following the filing of a written statement. The second defendant, the other sub-lessee, says that the subject matter of the claim in respect whereof summary judgment is sought is not covered by the first rule under Chapter xiii-A.

(3.) THE first defendant refers to Rule 3 as to the timing of an application for summary judgment under the provisions of the Chapter: