Smt. Sumita Basu v. Sri Surajit Ghosh
Case brief
What is this about?
Calcutta High Court, CO 2852 of 2023, decided 02.04.2025: Article 227 petition by tenant-defendant Smt. Sumita Basu challenging dismissal of her Order XXXIX Rule 7 CPC local-inspection application in eviction suit Title Suit No. 994 of 2018 (4th Court, Civil Judge JD, Howrah; order dated March 15, 2023); tenancy governed by Transfer of Property Act 1882, not rent-control protected; peremptory hearing commenced; inspection declined as serving no useful purpose; petition dismissed without costs. Petitioner represented by Mr. Abhisek Banerjee.
What did the court decide?
The learned Trial Judge rightly dismissed the application under Order XXXIX Rule 7 CPC for local inspection, since no useful purpose would be served by holding such inspection at this stage when the peremptory hearing of the suit has commenced. ¶9