TCI FINANCE LTD Vs. CALCUTTA MEDICAL CENTRE LTD

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the judgment rendered by a Division Bench of the Calcutta High Court setting aside the order passed by a learned single Judge and directing the parties to place their respective stands before the Execution Court as regards the claim made by respondent No.1 in respect of the properties where it claimed to be the tenant.

(3.) Background facts in a nutshell are as follows : Appellant filed a suit in the court of IV Additional Chief Judge, City Civil Court, Hyderabad for recovery of Rs.20,91,319/- from respondent No.2, a proprietary concern represented by its proprietor Dr. Ashok Kumar Gupta under Order 37, Rules 1 and 2 of the Code of Civil Procedure, 1908 (in short the CPC) inter alia with the following prayers :