JUDGEMENT
Jayanta Kumar Biswas, J. -
(1.) The sole plaintiff in ejectment suit No. 717 of 1992 (Bhagirath Agarwal v. Simplex Concrete Piles (India) Pvt. Ltd. & Ors.) has taken out this application under cl. 13 of the letters patent for an order transferring that ejectment suit from the city civil Court to this Court.
(2.) Counsel for the petitioner submits that unless the suit is transferred from the city civil Court, there is every reason to apprehend that it will not see the end in near future, since the Sections 17(2) application itself took around fourteen years for disposal. He says that it is only after an order was made by this Court in exercise of powers under art. 227 of the Constitution of India that the Sections 17(2) application was disposed of by the city civil Court. It is to be noted that the suit was filed under provisions of the West Bengal Premises Tenancy Act, 1956.
(3.) Counsel for the respondent (the principal defendant in the ejectment suit) submits that there is no reason to transfer the ejectment suit, since the Sections 17(2) application was decided by the Court concerned within the time mentioned in the order made by this Court. He assures by saying that his client shall not seek any adjournment in the suit, and that he shall take all necessary steps, he is supposed to take, for ensuring smooth disposal of the ejectment suit.;
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