THE COMMISSIONERS FOR THE PORT OF CALCUTTA Vs. ANIL KRISHNA MITRA AND ANR.
LAWS(CAL)-1951-1-37
HIGH COURT OF CALCUTTA
Decided on January 11,1951

THE COMMISSIONERS FOR THE PORT OF CALCUTTA Appellant
VERSUS
Anil Krishna Mitra And Anr. Respondents

JUDGEMENT

Guha, J. - (1.) These two applications under section 115 of the Code of Civil Procedure are for revision of orders passed by a Presidency Small Causes Court Judge granting extension of time to the Opposite Parties in the matter of orders for possession obtained by the Plaintiffs-Petitioners. It is unnecessary for our present purposes to set out in detail the circumstances which led to extensions of time on different occasions.
(2.) So far as the extension of time on the present occasion is concerned, it has been contended on behalf of the Plaintiffs-Petitioners that the orders of the learned Judge granting extension are bad on two grounds, namely (1) that the Court had no jurisdiction to extend subsequently the time appointed under section 43 of the Presidency Small Causes Courts Act for giving possession and (2) the Opposite Parties before me at whose instance extension of time was granted on the present occasion had no locus stand to maintain any application for time inasmuch as they were not occupants within the meaning of section 47 of the Act as explained in the case of Gangaram Bhar v. Santosh Kumar Mitra 53 CWN 187 and Sree Sree Iswar Radha Gobinda Jieu v. Sm. Molina Bala 53 CWN 708 .
(3.) So far as the second point is concerned, the rulings referred to above are clearly in favour of the Plaintiffs-Petitioners and so far as the first point is concerned there is the authority of the case of The Official Trustee of Bengal v. Taj Mohammad 46 CWN 11 in support of it. In these circumstances, I am of opinion that the impugned orders cannot be upheld.;


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