D.K. Seth, J.

In this application amongst others the following prayer has been made:

(Para 15)

"(a) The pliant filed in the above suit be rejected and/or be returned to the plaintiff and/or an enquiry be ordered under section 11 of the West Bengal Court Fees Act, 1970."

2. In order to support such relief Mr. Deb, learned counsel for the petitioner contends that the suit is barred for misjoinder of cause of action. The cause of action pleaded cannot be joined together under Order 2 Rule 4 of the Code of Civil Procedure. Next he contends that there are misjoinder of parties and that the suit can not proceed. Third point that was taken by him is that the suit has been valued at Rs. 15 lakhs only to create jurisdiction of this court without any foundation. Elaborating his submission be contended that the present one is a suit for eviction in which the claim for damage cannot be incorporated since it is altogether a different cause of action which cannot be joined in a suit for eviction. Similarly, he contends that the claim for damages is a money claim which is confined against the defendant No.1 alone and as such defendants No.2 and 3 cannot be roped in and therefore it is altogethe