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2024 Supreme(Cal) 862

BIVAS PATTANAYAK
Amit Begwani – Appellant
Versus
Ranu Parui – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sakya Sen, Tarak Nath Sarkar.
For the Respondents: Shyamal Chakraborty, Manabendra Thakur, Swarup Kr. Ghosh.

JUDGMENT :

BIVAS PATTANAYAK, J.

1. This Civil Revisional application has been filed under Article 227 of the Constitution of India challenging the impugned order dated 23rd June, 2022 passed by the learned Civil Judge (Junior Division) at Ghatal, Paschim Midnapore in Title Suit No. 68 of 2021 dismissing the application of the petitioner-defendant no. 1 for rejection of plaint.

2. The brief fact in nutshell is that the opposite party no. 1-plaintiff filed a suit for declaration and injunction being Title Suit No. 68 of 2021 against the petitioner-defendant no. 1 and proforma defendant no. 2-opposite party no. 2, contending inter-alia as follows:

    (i) The husband of the plaintiff-opposite party no. 1 Sri Mahadeb Parui (proforma defendant no. 2-opposite party no. 2) was the owner of the land, comprised within L.R Dag No. 81, Khatian No. 420, Mouza-Nuniagoda, Pargana-Chetuar, P.S. Daspur, Paschim Medinipur, measuring more or less 5.580 decimals, by way of purchase through two sale deeds executed on 11th April, 2008 and 3rd August, 2011 which was duly mutated in his name in the revenue records of the concerned District.

(ii) The proforma defendant no. 2-opposite party no. 2, gifted the afores

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