Soumen Sen, J.

The authority, power and jurisdiction of the High Court in the Original Side in accepting and deciding an application under Chapter XIIIA of the Original Side Rules in respect of a transferred proceeding from a Subordinate Court under Clause 13 of the Letters Patent is the only issue to be decided in this appeal.

2. The appellant before this Court has categorically submitted that the appeal may be heard and disposed of on this limited issue.

3. The plaintiff instituted the suit in the City Civil Court on November 30, 2007 which has since been transferred to the Original Side of this Hon’ble Court pursuant to an order dated 28th July, 2008 passed on the basis of an application filed by the appellant under Clause 13 of the Letters Patent.

4. On 8th January, 2008, the appellant filed a suit in this Hon’ble Court praying, inter alia, for a declaration that the notice of eviction dated 8th August, 2007 is bad in law and other consequential reliefs.

5. The respondent filed a suit for eviction of the appellant in the City Civil Court being Title Suit No.3165 of 2007. Thereafter, the appellant filed a suit in this Hon’ble Court on 8th January, 2008 praying, inter alia