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2026 DAILYLAW 37076 (CAL)

TARANI SEN ROUTH ALIAS TARANI SEN ROUT v. BALARAM SINGH

CO/4212/2025 · 2026-08-25

Rai Chattopadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Item No.35 Ct. No. 652 RP CO 4212 OF 2025 TARANI SEN ROUTH @ TARANI SEN ROUT VS BALARAM SINGH Mr. Sujit Kumar Rath Mr. Anup Mukhopadhyay …… For Petitioner 1. The petitioner/defendant in Ejectment Suit No.330 of 2024, has challenged the order dated 10.04.2025 of the learned Chief Judge, City Civil Court and also the order dated 18.08.2025 of the learned Judge, 2nd Bench of Presidency Small Causes Court. 2. The grievance of the defendant/petitioner is that without granting him an opportunity of hearing, the Courts have directed for rejection of the petitioner’s prayer under Section 7(1) and (2) of the West Bengal Premises Tenancy Act, 1997 and also fixed the suit for ex parte hearing. 3. Petitioner’s plea before this revision Court for being not granted with an appropriate opportunity is unsustainable in view of the impugned orders itself. It transpires that in spite of grant of several opportunities the petitioner/defendant did not choose to appear 2 before the Court and take appropriate steps in accordance with law. Hence, finding no other alternative, both the Courts respectively have passed the said orders, directing for rejection of petitioner’s prayer under Sections 7(1) and (2) of the West Bengal Premises Tenancy Act, 1997 and also for hearing of the suit ex parte. Till now, this Court does not find any impropriety in the said orders of the two Courts. However, still it is open for the said Court/s to consider the petitioner’s prayer for setting aside of the said impugned order/s showing sufficient grounds. 4. Hence, let this revision be disposed of without interfering into the order impugned, but directing the learned trial Court to proceed expeditiously, in accordance with law, in case application is filed before it by the present petitioner/defendant, for setting aside of the said impugned orders showing sufficient grounds. 5. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities. (Rai Chattopadhyay, J.)