In what circumstances can a court may adjourn any civil suit? Referring to the relevant
provision, also throw light on the object of the "res-sub judice"
Answers
Answer:
tapan kumar dutt
Calcutta High Court (Appellete Side)
M/S. Fona Rubber Pvt. Ltd vs Eastern Chemical Industries on 25 April, 2011
Author: Tapan Kumar Dutt
1
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
CAN No. 5507 OF 2010
(In connection with
S.A. No. 105 Of 2009)
M/s. Fona Rubber Pvt. Ltd. .......Petitioner/ appellant/defendant.
- versus -
Eastern Chemical Industries ..........
Opposite Party/Respondent/Plaintiff.
Mr. Sudhis Dasgupta, Sr. Advocate
Mr. Asok Banerjee, Sr. Advocate
Mr. Hironmoy Bhattacharjee,
Mr. P.K. Roy,
Mr. S.K. Kanodia .... For the Petitioner
Mr. Hirak Kumar Mitra, Sr. Advocate
Mr. Kalyan Bhaduri,
Mr. Sudip Deb,
Ms. S. Ghosh .... For the Respondents
Heard on: 25.03.10, 17.06.10, 27.08.10, 20.08.10, 16.09.10, 10.09.10, 03.09.10,
26.11.10, 03.12.10, 09.12.10, 20.12.10, 23.12.10, 06.01.11 and 07.01.11.
Order on: 25.04.2011
TAPAN KUMAR DUTT, J.
This Court has heard the learned Advocates for the respective parties in connection with the application being CAN 5507 of 2010.
The plaintiff/respondent/opposite party filed an ejectment suit against the defendant/appellant/petitioner in the year 1996 and the suit was governed by the West Bengal Premises Tenancy Act, 1956. The learned Trial Court found in its judgement that the plaintiff had served a notice under Section 13(6) of the said Act of 1956 upon the defendant and the said notice is legal, valid and sufficient and that there was a relationship of landlord and tenant in between the parties and the tenancy was rightly determined according to law. The learned Trial Court, however, found that the plaintiff has failed to prove his case, that is, the plaintiff could not prove any of the grounds on which the ejectment suit was filed against the petitioner. The respondent/opposite party filed a title appeal against the judgement and decree of the learned Trial Court and the learned Lower Appellate Court allowed the said appeal and set aside the judgement and decree passed by the learned Trial Court. The learned Lower Appellate Court decreed the ejectment suit in part by granting a decree for eviction in favour of the plaintiff and against the defendant on the ground of reasonable requirement and the defendant/appellant/petitioner was directed to vacate the suit premises within a stipulated period of time failing which the plaintiff/opposite party was given liberty to get possession of the suit premises in due course of law. Challenging such judgement and decree passed by the learned Lower Appellate Court the petitioner has preferred the instant appeal which is pending hearing in this Court. It appears that the instant second appeal has been admitted for hearing and an interim order of stay was granted by an Hon'ble Division Bench on 11.2.09 to the effect that there shall be stay of all proceedings in the pending execution case concerned. It appears that by an order dated 8.5.09 an Hon'ble Single Judge of this Court was pleased to observe that the interim order of stay passed by the Hon'ble Division Bench should continue subject to the fulfillment of certain conditions. It appears that the second appeal was dismissed for default and, subsequently, by an order dated 26.2.10 the appeal was restored to its original file and number after recalling of the order of dismissal of the appeal. The interim order dated 8.5.09 was also revived and it was directed that it shall continue to operate on the same terms and subject to the same conditions.
Now, the defendant/appellant has filed the present application (CAN 5507 of 2010) for a direction upon the Thika Controller, Calcutta Thika Tenancy to dispose of a certain matter admitted on May 17, 2010 and the instant second appeal should be adjourned sine die with liberty to the parties to mention after final orders are passed in the said matter before the Thika Controller. The defendant/appellant has also prayed for interim stay for all further proceedings in the instant second appeal and the connected applications.