( 1 ) THIS is the plaintiffs appeal, directed against the dismissal of its suit by the Court below on a technical ground. The suit was brought for permanent injunction to restrain demolition of premises No. 212, Jamunalal Bazaz Street (Old Cross Street) under an order of demolition, alleged to have been passed on September 17, 1958, by Sri P. C. Majumdar, the then Commissioner of the Corporation of Calcutta, under Rule 5 (4), Schedule XVII, of the Calcutta Municipal Act, 1951. The plaintiff claims to be a tenant in occupation of a portion of the above premises No. 212, Jamunalal Bazaz Street (old Cross Street ).

( 2 ) IN the plaint, the allegation is made that the above order is ultra vires and without jurisdiction, it having been made in contravention of the relevant statute. The suit was filed on January 16, 1961 and, to the suit, were made parties the Commissioner or the Corporation of Calcutta as defendant No. 1, the Corporation of Calcutta as defendant No. 2, these being the principal defendants, and the plaintiff landlord was made pro forma defendant No. 3 so that the point involved, which concerned him as well to a certain extent might be decided in his pr