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CALCUTTA HIGH COURT
Hiranmay Bhattacharyya, J
M/s. Vijay Shree Commercial Pvt. Ltd. – Appellant
Versus
Sri Prakash Chandra Jalan & Ors. – Respondent
| Table of Content |
|---|
| 1. application under article 227 against a lower court order. (Para 1 , 2) |
| 2. suit filed after significant delay post-lease expiry. (Para 3 , 6) |
| 3. arguments over the applicability of limitation laws. (Para 4 , 10) |
| 4. court's assessment of limitation as a triable issue. (Para 5 , 8 , 14) |
| 5. court's clarification on mixed questions of law and fact. (Para 11 , 12 , 26) |
| 6. final decision to uphold the lower court ruling. (Para 28) |
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 app
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