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2024 Supreme(Cal) 1073

BIBHAS RANJAN DE
Kalipada Manna – Appellant
Versus
Ashis Bhuniya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aniruddha Chatterjee, Adv., Mr. Subhas Jana, Adv., Mr. Iftekar Munsi, Adv.
For the Respondent: Mr. Jishnu Saha, Sr. Adv., Mr. Subhojit Saha, Adv., Mr. Agniswar Bhuinya, Adv., Mr. Debdutta Basu, Adv., Mr. Arun Kumar Das, Adv.

JUDGMENT :

Bibhas Ranjan De, J.

1. Challenge of this revision application is the order dated 22.12.2022 passed by the Ld. Judge, Commercial Court, Alipore in connection with I.A. 24 of 2022 corresponding to Title suit no. 20 of 2021 wherein the claim of defendant no. 24/ petitioner herein for rejection of plaint invoking the provision of Order VII Rule 11 of the Code of Civil Procedure (for short CPC) was refused. Being aggrieved by and dissatisfied with the said order the petitioner has preferred the present civil application under Section 227 of the Constitution of India.

Background Facts:-

2. The opposite party nos. 1 & 2 herein being the plaintiffs jointly filed the Title Suit being no. 20 of 2021 for declaration, recovery of possession of the suit property along with claim of money and damages together with permanent injunction in the Court of the Ld. Commercial Judge, Alipore against opposite party nos. 3 to 25 herein as well as defendant nos. 1 to 23 therein including the revisionist herein as well as the defendant no. 24 therein specifically on the ground that the plaintiffs by the virtue of 23 registered deeds of lease executed by defendants nos. 1 to 23 therein acquired the l

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