1. This Motion has been taken out by the defendant No.4 who was subsequently added as a party defendant for dismissal of the aforesaid suit on the ground that the suit has become infructuous and further the plaintiff has not taken proper steps in the suit for its hearing though it is an old one as it was filed on 4th May, 1983.

2. Mr. Das, learned Senior Counsel, in support of this Motion submits that the plaintiff filed a suit for specific performance of an agreement dated 10th February, 1976 for execution and registration of lease in favour of the plaintiff for use and occupation of the ground floor and basement measuring 2,170 squire fit and 510 squire fit respectively of carpet area together with strong room in the premises No.10, Belvedere Road, Alipore, Calcutta for a period of 10 years with option for renewal a further period of 10 years. The further relief has been prayed for in the suit in terms of the aforesaid agreement, in the nature of declaration of rights and obligations of the parties in connection with repayment of loan and for payment of rent.

3. Mr. Das argues that during pendency of this suit for more than 20 years, the rights in terms of the aforesaid a