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2025 Supreme(Online)(Cal) 2723

CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
M/s. Vijay Shree Commercial Pvt. Ltd. – Appellant
Versus
Sri Prakash Chandra Jalan & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Siddhartha Banerjee, Ms. Soni Ojha, Ms. Sambrita B. Chatterjee
For the Respondents: Mr. Mahendra Prasad Gupta, Ms. Shebatee Datta, Ms. Moumita Dhar, Ms. Madhumita Debnath, Ms. Poulami Roy

For the Petitioner : Mr. Siddhartha Banerjee, Ms. Soni Ojha Ms. Sambrita B. Chatterjee ….. advocates For the Opposite Parties : Mr. Mahendra Prasad Gupta Ms. Shebatee Datta Ms. Moumita Dhar Ms. Madhumita Debnath Ms. Poulami Roy …… advocates Reserved on : 06.05.2025 Judgment on : 04.07.2025 Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated 17.02.2025 passed by the learned Civil Judge, Junior Division, Second Court at Howrah in Title Suit No. 186 of 2019.

2. By the order impugned the application under Order VII Rule 11 of the Code of Civil Procedure filed by the petitioner herein stood rejected.

3. Mr. Banerjee, learned Advocate appearing for the petitioner submitted that the instant suit proceeds on the basis that the suit property was let out to the defendant company by a registered deed of lease for a period of 21 years. The said lease stood expired by efflux of time and the instant suit has been filed after a lapse of more than 24 years from the date of expiry of lease. Mr. Banerjee contended that the period of limitation for filing the said suit would be govern

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