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2020 Supreme(Cal) 214

SHAMPA SARKAR
Bata India Limited – Appellant
Versus
Chetki Properties – Respondent


Advocates Appeared:
S. Sen, Advocate, A.K. Bose, Advocate, Manju Agarwal, Advocate, Anju Manot, Advocate, Bajrang Manot, Advocate

JUDGMENT

Shampa Sarkar, J. - The revisional application arises out of an order dated September 30, 2019 passed by the learned Judge, Commercial Court at Alipore in Title Suit No.17 of 2019. By the order impugned, the learned Judge rejected the application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure filed by the defendant/petitioner. The opposite party No.1 who carries on business as a promoter and developer of multistoried building complexes, instituted the suit in respect of a portion of ground floor of the building at the premises known as Kohli Mansion, 54, Sayed Amir Ali Avenue, Ballygung, Kolkata-700019.

2. The petitioner filed an application under Order VII Rule 11 of the Code of Civil Procedure and prayed for rejection of the plaint on the following grounds:-

    (a) The plaint did not disclose any cause of action against the defendants.

      (b) The entire cause of action in the suit was against one Jagjit Singh Kohli who was the owner of the property and land lord of the petitioner but was not impleaded as a party in the suit.

        (c) The opposite party No.1 was not the land lord or owner of the area let out to the petitioner/company, and as such the sui

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