SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Cal) 1414

BISWAJIT BASU
Calcutta Landing & Shipping Co. Limited (Presently Known As CLS Limited) – Appellant
Versus
Manbasa Devi, Since Deceased And Duly Substituted By Mr. Kumar Omprakash – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sabyasachi Chowdhury, Mr. Aniruddha Chatterjee, Mr. S.E. Huda, Mr. A.K. Singh, Mr. Ajit Pandey Ms. Niharika Singh, Ms. Shubhangiri Singh.
For the Respondents: Mr. Probal Kumar Mukherjee, Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Ms. Dipanwita Ganguly, Mr. Kaustav Bhattacharya.

JUDGMENT :

(Biswajit Basu, J.) :

1. The revisional application under Article 227 of the Constitution of India is at the instance of the defendant no. 1 in a suit for declaration of title and is directed against the Order No. 42 dated March 24, 2021 passed by the 4th Court of learned Civil Judge (Junior Division) at Howrah in the said suit being Title Suit No. 543 of 2015. On the death of the original plaintiff, the present opposite party nos. 1 to 5 have been substituted in the said suit in her place as plaintiffs.

2. The petitioner by an application under Order VII Rule 11 of the Code of Civil Procedure prayed for rejection of the plaint of the said suit inter alia, on the grounds that the plaint does not disclose any cause of action against the defendant no. 1 and the suit is barred by limitation as well as under Section 34 of the Specific Relief Act, 1963.

3. The learned Trial Judge by the order impugned has dismissed the said application holding that bare perusal of the plaint discloses some causes of action for the plaintiffs to file the suit and those are not illusory, whether the defendants have any right, title and interest over the suit property or whether the documents fi

                          Click Here to Read the rest of this document
                          1
                          2
                          3
                          4
                          5
                          6
                          7
                          8
                          9
                          10
                          11
                          SupremeToday Portrait Ad
                          supreme today icon
                          logo-black

                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                          Please visit our Training & Support
                          Center or Contact Us for assistance

                          qr

                          Scan Me!

                          India’s Legal research and Law Firm App, Download now!

                          For Daily Legal Updates, Join us on :

                          whatsapp-icon telegram-icon
                          whatsapp-icon Back to top