SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Cal) 1342

SHAMPA SARKAR
Subimal Kundu – Appellant
Versus
J. R. Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Tanmoy Mukherjee, A. Panja.
For the Respondents: K.J. Yusuf, Gour Baran Sau, Arshad Hussain.

JUDGMENT :

SHAMPA SARKAR, J.

1. The revisional application arises out of an order dated September 21, 2022, passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah in Title Suit No. 40 of 1989.

2. By the order impugned, the learned court allowed the application dated January 18, 2019 under Section 11 of the West Bengal Court Fees Act, 1970 (hereinafter referred to as the said Act), filed by the defendant. The District Registrar, Howrah was directed to submit a report in respect of the valuation of the suit property after appropriate enquiry, without being influenced by the parties in the suit.

3. Mr. Mukherjee, learned advocate appearing on behalf of the plaintiff/owner, submits that the suit was filed in 1989. The defendant had been consistently trying to drag the suit by filing improper applications under Section 17(1) and 17(2) of the West Bengal Premises Tenancy Act. Thereafter, those applications were dismissed. Suddenly in 2019, the plaintiff once again decided to delay the progress of the suit by filing a frivolous application under Section 11 of the said Act.

4. It is contended by Mr. Mukherjee that the said application was initially rejected by the learned cour

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top