JUDGMENT :

1. The revisional application has been filed by some of the defendants in the suit, challenging an order dated January 20, 2023, passed by the learned Civil Judge, Small Causes Court at Sealdah in Title Suit No. 25 of 2017. By the order impugned, the learned court rejected an application under Order 7 Rule 11 of the Code of Civil Procedure.

2. The application for rejection of plaint was filed on two grounds, namely, lack of jurisdiction and bar under Section 34 of the Specific Relief Act, 1963, for non-inclusion of a prayer of recovery of possession.

3. According to the learned court below, the suit would continue before the Provincial Small Causes Court on the strength of the order of transfer of the suit by the learned District Judge in his administrative capacity vide Order No. 196-G dated March 15, 2017.

4. The issue of jurisdiction of the Provincial Small Causes Court, 1887 to hear suits for declaration and injunction, had come up before this court in the matter of Arati Das & Ors. vs. Snehasish Das & Ors., passed in C.O. 1244 of 2016. On the basis of the ratio of the said judgment, the question of jurisdiction was decided against the defendants.

5. With regard to the ot