JUDGMENT :

Bivas Pattanayak, J.

1. This civil revisional application under Article 227 of the Constitution of India has been filed by the petitioner-defendant challenging the Order No. 33 dated 7th June, 2022 passed by learned Judge, Commercial Court at Rajarhat, North 24-Parganas in Title Suit No. 10 of 2020 rejecting the prayer of the petitioner under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) for rejection of plaint.

2. The brief fact of the case is as follows:

(i) The plaintiff-West Bengal Housing Infrastructure Development Corporation Limited (in short, ‘WBHIDCO’) initially designed for infrastructural development of the New Town pertaining to major activities in the field of IT industries, housing projects for Middle Income Group (MIG), Lower Income Group (LIG), Economically Weaker Section (EWS), Superspeciality hospitals, Diagnostic Centres, Academic Institutions, Convention Centres, Cultural Hubs etc on 3075 hectares of land situated within 20 kms of the Central Business District of Kolkata and a few kilometers from Kolkata Airport.

(ii) It was felt necessary to allot plots under Chairman’s discretionary quota to those who have not g