- (1.) THE application being G. A. No. 1536 of 2006 has been filed by the defendant No. 1 and the application being G. A. No. 1139 of 2006 has been filed by the Defendant No. 2 praying for dismissal of above suit being No, c. S. 280 of 2001 on inter alia the ground of the Writ of Summons not having been served on the defendants for over five years. The issues involved in the two applications being identical, the same were heard together and are disposed of by this judgment and order.
(2.) THE facts giving rise to these applications are briefly set forth hereinafter.
(3.) THE plaintiff claims to be a tenant of a portion of premises No. 16, strand Road, Kolkata 700 001, hereinafter referred to as the suit premises.;