ORDER :- This application under Art. 227 of the Constitution of India is directed against an order being No. 19 dated 19th September, 2006 passed by the learned Civil Judge (Senior Division), 1st Court at Sealdah in Title Suit No. 205 of 2004 by which the application of the defendant No. 3/petitioner for rejection of the plaint under O. 7, R. 11 of the Code of Civil Procedure was rejected by the learned Trial Judge.

2. The plaintiff/opposite party No. 1 filed a suit for declaration of his tenancy right under the defendant/opposite party No. 2 herein. A further declaration was also sought for against the said defendant for declaring that he cannot be evicted without due process of law. So far as the petitioner, as well as the opposite party No. 3 herein are concerned, the following relief was claimed by the plaintiff in the plaint :

"The respondent No. 2 or 3 or their agents and officers be restrained from forcibly evicting the plaintiff from the scheduled flat."

3. The said reliefs were claimed by the plaintiff on the basis of the following averments made out by the plaintiffs in the plaint of the said case.

1. The plaintiff took tenancy of the disputed flat from the defendant No. 1 in

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