Ct-08 Nibedan Pal vs Alo Debnath & Anr
2022 Latest Caselaw 712 Cal

22 21.02.2021 SMAT 1 of 2021

Ct-08 Nibedan Pal Vs.

Alo Debnath & Anr.

Mr. Purnasish Gupta ar Mr. Jayanta Kumar Mukhopadhyay ... For the Appellant

This appeal will be heard on the following substantial questions of law :-

I. Whether the learned Additional District Judge has committed substantial error in law by holding that the appellant's suit is barred by res judicata whereas he should have held that so far as eviction suits are concerned there are recurring causes of action and accordingly the question of res judicata or the principles analogous thereto does not and cannot arise at all?

II. Whether the learned Additional District Judge has committed substantial error in law by reopening the chapter once again which has already been heard and finally decided by passing a decree for eviction and the same has not been upset by any higher forum?

III. Whether the learned Additional District judge has committed error in law in reversing the

judgment and decree dated 20.01.2014 passed by the learned trial court in the proceeding under Order 21 Rule 97,98,100 and 101 of the Code of Civil Procedure ?

Call for the records; issue usual notices.

(Ajoy Kumar Mukherjee,J.) (Soumen Sen, J.)