JUDGMENT :

(Partha Sarathi Chatterjee, J.)

1. The plaintiff/appellant has called in question the order dated 28.4.2022 passed by the learned Civil Judge, Senior Division, 5th Court, Alipore in Title Suit No. 1244 of 2019 whereby at the interlocutory stage, considering the entire merit of the matter, the learned Court below suo moto rejected the plaint in limini invoking the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short, the Code).

2. Sans unnecessary details, facts required to be frescoed for the purpose of effective adjudication of the appeal are as follows:

i) One Sharmistha Majumdar (in short, Sharmistha) claiming herself to be the widow of one Rana Safui filed one suit for partition, administration, injunction and damages in respect of the properties left by Rana Safui (in short, Rana), since deceased;

ii) Sharmistha claimed to have knotted matrimonial chord with Rana on 25.09.2013 under Special Marriage Act, 1954. Rana died intestate on 18.9.2019 leaving Sharmistha as his widow, defendant nos. 1 and 2 being the two daughters born out of the first marriage of Rana with a lady namely, Konika Safui (in short, Konika) and his mother, defendant no.3;