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KRISHNA RAO
Harish Chandra Jaiswal – Appellant
Versus
Ram Chandra Shaw – Respondent
JUDGMENT :
Krishna Rao, J.
1. The defendant nos. 1 and 2 have filed the present application being GA No. 3 of 2023 praying for rejection of plaint. The defendant nos. 1 and 2 have contended that the suit filed by the plaintiff is commercial in nature and thus this Court is not having jurisdiction to try the suit. The defendant nos. 1 and 2 says that initially the plaintiff has let out one shop room to M/s. Prakash Brothers being represented by two partners, namely, Laxmi Prasad Gupta and Om Prakash Gupta by entering into an agreement. The said firm defaulted in paying rent and accordingly the predecessors-in-interest of the plaintiff and the defendant nos. 3, 4 and 5 have filed the suit before the City Civil Court at Calcutta being Ejectment Suit No. 476 of 1987 which was subsequently renumbered as the Ejectment Suit No. 408 of 2002. On 7th April, 2008, the Learned 4th Bench of City Civil Court at Calcutta passed decree in favour of the plaintiff and subsequently in an execution case through the bailiff of the Court, the possession was handed over to the plaintiff on 26th October, 2009 by the said firm.
2. Learned Counsel for the defendant nos. 1 and 2 submits that it is the admitted
The central legal point established in the judgment is the interpretation of the definition of 'commercial dispute' under the Commercial Courts Act and its application to the nature of the dispute be....
An eviction suit under the M.P. Accommodation Control Act does not constitute a commercial dispute and is maintainable in Civil Court, not Commercial Court.
The central legal point established in the judgment is the strict construction of the provisions of the Commercial Courts Act, the requirement to consider the nature of the proposed amendment before ....
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