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2002 Supreme(Cal) 235

BHASKAR BHATTACHARYA
SWAPAN KUMAR DUTTA – Appellant
Versus
DHARAM CHAND JAISWAL – Respondent


Advocates Appeared:
KASHI NATH DEY, P.P.ROY

BHASKAR BHATTACHARYA, J.

( 1 ) THIS revisional application is at the instant of an application under Order 22 Rule 10 of the Code of Civil Procedure and is directed against order dated August 17, 2001 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Misc. Appeal No. 10 of 2000 thereby affirming Order No. 15 dated July 4, 2000 passed by the learned Judge 6th Bench, Small Causes Court at Calcutta in Ejectment Suit No. 221 of 2000.

( 2 ) THE opposite party No. 2 brought against opposite party No. 1 a suit being Ejectment Suit No. 221 of 2000 for eviction on the grounds mentioned in section 13 (1) of the West Bengal Premises Tenancy Act.

( 3 ) DURING the pendency of such a suit the opposite party No. 2 executed a deed of lease for 25 years with further option for renewal in respect, of the properties including the subject matter of such Ejectment Suit No. 221 of 2000 in favour of the petitioner.

( 4 ) AFTER execution of such lease deed, the present petitioner filed an application under order 22 Rule 10 of the Code for being substituted as plaintiff in place of opposite party No. 2 and for permission to proceed with the said suit against opposite party No. 1.













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