B.C.CHAKRABARTI
TRUSTEES FOR IMPROVEMENT OF CALCUTTA – Appellant
Versus
BAHADUR KHAN – Respondent
( 1 ) THIS revisional aplication at the instance of the defendant No. 2 of Title Suit No. 2374 of 1982 now pending in the 12th Bench of the City Civil Court at Calcutta is directed against an order dated July 15, 1983. By the said order the learned Judge disposed of an application under Order 14, Rule 2, C. P. Code filed by the defendant No. 2. The defendant No. 2 (the petitioner herein) alleged that the court had no territorial jurisdiction over the subject-matter of the suit. The learned Court below found in favour of the plaintiff opposite party No. 1 hence the present revisional application.
( 2 ) IN order to appreciate the points involved in this revisional application it would be eminently reasonable to bear in mind certain facts and the reliefs claimed in the suit in the context of the allegations made in the plaint as also in the context of the proceedings that preceded the presentation of the plaint. The suit relates to and arises out of art acquisition proceeding in respect of entire premises No. 21 (old No. 5), Prince Anwar Shah Road, Calcutta. The property is admittedly beyond the territorial jurisdiction of the City Civil Court. The offices of t
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