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2016 Supreme(Cal) 180

SIDDHARTHA CHATTOPADHYAY
Suchita Ruia – Appellant
Versus
Vikash Fabric Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sabyasachi Bhattacharya, Ms. Sohini Chakraborty.
For the Respondents: Mr. Saktinath Mukherjee, Mr. S.C. Shrivastava, Mr. Amiya Narayan Mukherjee, Mr. Dip Narayan Mukherjee.

JUDGMENT :

Siddhartha Chattopadhyay, J.:

In C.O. No. 3992 of 2009

Doubting the correctness of the Order No. 18 dated 14.12.2009 passed by the learned Civil Judge (Junior Division), Second Court at Sealdah, in Title Suit No. 397 of 2008, in connection with the application under Order VII Rule 11 the present petitioner/defendant has filed this revisional application under Article 227 of the Constitution of India.

2. Grounds ventilated in this revisional application is such that the learned Trial Court has not considered (1) Section 21 of West Bengal Thika Tenancy Act, 2001, wherein the Civil Court’s jurisdiction is ousted, (2) that the opposite party challenged the deed of conveyance executed by the erstwhile owner in favour of the present petitioner and for that the opposite party is required to pay the Court fees on the value of the deed of conveyance, and (3) that the said deed was challenged on the ground of thika tenancy right and as such the issues involved in the suit was in regard to West Bengal Thika Tenancy Act and accordingly the Civil Court has no jurisdiction to try the suit.

3. According to the defendant/petitioner, Trial Court below had not at all considered his application























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