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
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
Ravinder Kaur Grewal And Others Vs. Manjit Kaur And Others reported in (2019) 8 SCC 729
D. Ramachandran Vs. R.V. Janakiraman And Others reported in (1999) 3 SCC 267
Saleem Bhai And Others vs. State Of Maharashtra And Others reported in (2003) 1 SCC 557
Mt. Bolo vs. Mt. Koklan And Others reported in AIR 1930 PC 270
State Of Punjab vs. Gurdev Singh reported in (1991) 4 SCC 1
Amrendra Pratap Singh vs. Tej Bahadur Prajapati (2004) 10 SCC 65
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