AJOY KUMAR MUKHERJEE
Kashi Nath Sett – Appellant
Versus
Sadhu CharanSett (Grocery) – Respondent
JUDGMENT :
(Ajoy Kumar Mukherjee, J.)
1. The present application under Article 227 of the constitution of India is directed against the order dated 17thApril 2021passed by the Learned Civil Judge (Senior Division), 1st Court at Howrah in Title Suit No. 254 of 2015 whereby and whereunder the Court below was pleased to reject defendant/Petitioner’s application under order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).
2. The said Suit was instituted by the plaintiffs/opposite party no 2 &3 claiming inter-alia a decree for declaration to the effect that the plaintiffs are entitled to have an access to and enter into the premises no 327, N.S. road, Howrah wherefrom the business is being carried on in the name of the opposite party no. 1. In the said suit, the plaintiffs/Opposites parties also claimed inter-alia a decree for declaration to the effect that the defendants are obliged to disclose to the plaintiffs, the day to day cash balances in relation to the business run in the name of the opposite party no. 1 along with a decree for discloser of accounts and a decree for perpetual injunction.
3. The defendants/petitioners had filed written statement in the said suit denying al
Kamal Kumar Dutta & another Vs. Ruby General Hospital ltd. & Others reported in (2006) 7 SCC 613
V.S. KrishnanVs. Westfort Hi-Tech Hospital Ltd. reported in (2008) 3 SCC 363
Saleem Bhai and others Vs. State of Maharashtra and others reported in AIR 2003 SC 759
Sahebgouda (dead) by LRS & others Vs. Ogeppa & others reported in (2003) 6 SCC 151
Swamy Atmananda and others Vs. Sri Ramkrishna Tapovanam and others reported in (2005) 10 SCC 51
Dwarka Prasad Agarwal and another Vs. Ramesh Chander Agarwal and others reported in (2003) 6 SCC 220
The Secretary of State Vs. Mask and Company reported in AIR 1940 PC 105
Rajasthan SRTC v. Krishna Kant
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