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BIBHAS RANJAN DE
Kalipada Manna – Appellant
Versus
Ashis Bhuniya – Respondent
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
The court affirmed that disputes arising from agreements related to property used for trade fall under the jurisdiction of Commercial Courts, emphasizing the need for factual evaluation in limitation....
A plaint must be read meaningfully to determine if it discloses a cause of action; issues of jurisdiction and limitation are to be resolved at trial.
Revisional applications - Scope of assumption of jurisdiction by Commercial Court - No question of bar to revisions against interlocutory orders passed by Commercial Courts Act arises in present case....
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
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