1. THIS application under Article 227 of the Constitution of India is directed against an order dated 6th January; 2007 passed by the learned Civil Judge (Junior Division), Fifth Court at Alipore in Title Suit No. 282 of 2004 by which the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant No. 1 was rejected by the learned Trial Judge on contest. The defendant No. 1 is aggrieved by the said order. Hence the said defendant has come before this Court with this application.

2. HEARD Mr. Ray Chowdhury, learned senior counsel, appearing for the petitioner and Mr. Banerjee, learned counsel, appearing' for the plaintiff/ opposite party. Considered the materials on record including the order impugned.

Let me now consider as to how far the Learned Trial Judge was justified in passing the impugned order in the facts of the instant case.

3. IT is settled law that while considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the Court cannot consider any other document save and except the plaint itself. And if, on consideration of the averments made by the plaintiff in the plaint, the Court is satisfied that any of the condi