- (1.) The Court: -Basically this is a suit for decree on account of ejectment as against the defendant in respect of the portion of the suit premises described in Schedule-'A' hereto along with other reliefs which are connected with the prime relief.
(2.) It appears that originally the suit was appearing in the Court of appropriate Assistant District Judge, Asansol being Title Ejectment Suit No. 100 of 1992, which was subsequently transferred to this Court. A defect arose in respect of hearing of the suit since from the record it was appearing that the suit was dismissed before the same Court from which it was transferred to this Court. Subsequently, several orders were passed but nowhere the formality of regularisation of the suit by recalling the order passed earlier was made. As a result whereof in spite of hearing the spit on merit this Court was not pleased to pass a decree but directed the matter to appear under the heading 'to be mentioned' for the purpose of necessary clarification. However, upon hearing them on that score, this Court was pleased to direct the plaintiff to take out a formal application for recalling the order dated 28th April, 1998 passed by the learned Assistant District Judge at Alipore.
(3.) It appears that the law is very clear in this respect. If the suit was appearing before any Court and subsequently transferred to another Court, such Court do possess all such powers of the erstwhile Court from which the suit was transferred. In other words, the transferee Court will act as a transferor Court in all respects in the case of transferred suit. Therefore, upon hearing them at length for recalling the order and upon perusing a Note-Sheet forwarded by the Registrar, Original Side in this respect. I have pass an order in favour of the petitioner by recalling and setting aside the order passed by the Court of Asistant District Judge of Asansol.;