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2015 Supreme(Cal) 605

JYOTIRMAY BHATTACHARYA, DEBI PROSAD DEY
Uttam Chand Surana – Appellant
Versus
Prabir Guha – Respondent


Advocate Appeared:
For the Appellant :Mr. Saptansu Basu, Mr. Sudeep Sanyal and Mr. Sukanta Das, Advocates.
For the Respondent:Mr. Sabyasachi Bhattacharya and Mr. Arijit Sarkar, Advocates.

JUDGMENT :

The plaintiffs are the appellants before us. An order of rejection of the plaint under Order 7, Rule 11 of the Code of Civil Procedure passed by the Learned Trial Judge was challenged in this appeal at the instance of the plaintiffs/appellants.

2. At the stage of hearing under the provision of Order 41, Rule 11 of the Code of Civil Procedure, the other Division Bench of this Hon’ble Court dismissed the appeal by holding that no legal issue is raised in this appeal. Hence, the appeal does not deserve any merit for admission.

3. Challenging the said judgment and/or order passed by the other Division Bench of this Hon’ble Court on 24th March, 2014, a Special Leave Petition was filed by the plaintiffs/appellants before the Hon’ble Supreme Court. The said Special Leave Petition being Civil Appeal No. 10472 of 2014 was ultimately disposed of by the Hon’ble Supreme Court on 21st November, 2014 by setting aside the order which was impugned in the said appeal and the appeal has been remitted back to the High Court for framing appropriate question of law and for deciding the said question in accordance with law.

4. Under such circumstances, when the matter was listed again before this





















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