(1.) Instead of admitting the appeal and keeping the same pending, we propose to hear out the appeal itself by treating it as on days list, as this appeal raises a pure question of law as to the jurisdiction of the learned trial Court and at the same time, the defendant/respondent has also entered appearance in the appeal through Mr. Bose, the learned Advocate.

(2.) This appeal is at the instance of a plaintiff in a suit for declaration and permanent injunction and is directed against Order No. 11 dated 7th September, 2009 passed by the learned Judge, City Civil Court at Calcutta, by which the said Court has dismissed the application on merit by holding that the plaintiff had failed to prove a prima facie case to have an order of temporary injunction.

(3.) Being dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.

(4.) In the plaint of the suit, out of the present appeal arises, the plaintiff prayed for declaration that an agreement entered into between the parties, by which the plaintiff took loan of Rs. 17 lakh and odd was vitiated by fraud and therefore, the same should be declared as null and void and for permanent injunction restrain