JUDGMENT :

(Shampa Sarkar, J.) :

1. This revisional application has been filed challenging the order No.63 dated September 8, 2022 passed in Ejectment Suit No.96 of 2013 re numbered as Ejectment Suit No.5497 of 2014. The order impugned was passed by the learned Judge, 4th Bench, Presidency Small Causes Court, Calcutta.

2. By the order impugned, the application filed by the petitioner under Order 1 Rule 10(2) of the Code of Civil Procedure, was rejected and a date was fixed for evidence of DW, as a last chance.

3. The eviction suit was filed on the ground of default and sub-letting.

4. The petitioner filed a written statement as defendant and questioned the maintainability of the suit. The claim of the plaintiff to be the karta of Mati Lall, Chuni Lall and Mukta Lall Shaw, a Hindu Undivided Family, was denied. The petitioner claimed that the said beauty parlour was a running business and the question of subletting did not arise, and the petitioner was not a habitual defaulter. That petitioner filed an application under Section 36 of the West Bengal Premises Tenancy Act, 1997 being R.C. Case No.128/36/2011 for an order of repair of the suit premises. That the plaintiff/opposite pa