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2019 Supreme(Cal) 625

SABYASACHI BHATTACHARYYA
Church of North India – Appellant
Versus
Reverend Ashoke Biswas – Respondent


Advocates Appeared:
For the Petitioner:Samrat Sen, Sanjay Kumar Baid, Ballarko Sen, Advocates.
For the Respondent:Sabyasachi Choudhury, Nirmalya Dasgupta, Debargha Basu, Pradeep Kumar Upadhyay, Advocates.

JUDGMENT :

1. The present application under Article 227 of the Constitution of India has been preferred by the defendant in a suit filed by the opposite party for declaration that the purported decision adopted by the Executive Committee of the Synod of the defendant in its 102nd meeting held on 18th August, 2018 and the decision communicated on 22nd August, 2018 are wrongful, and for consequential reliefs. By virtue of the impugned order dated February 5, 2019, the Sixth Bench, City Civil Court at Calcutta dismissed the application of the petitioner under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint of the said suit.

2. Learned senior counsel appearing on behalf of the petitioner opens his arguments by submitting that the considerations which should weigh with the court at the time of deciding applications for rejection of plaint have to be limited to a plain and meaningful reading of the plaint, the documents referred to therein and the documents filed/annexed with the plaint.

3. The present suit, it is argued, is barred by Section 14(1) (b) of the Specific Relief Act, 1963, since the suit, according to the petitioner, is one for specific performance

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