JUDGMENT :

Shampa Sarkar, J.

1. An order dated September 27, 2022, passed by the learned Civil Judge (Senior Division) 2nd Court, at Barasat, in Title Suit No.636 of 2022, is impugned. The learned court rejected an application filed by the defendant/petitioner under Order 7 Rule 11 of the Code of Civil Procedure. The other part of the order rejecting an application under Section 151 of the Code of Civil Procedure, is not the subject matter of this proceeding.

2. The defendant/petitioner prayed for rejection of the plaint on the ground that the plaint did not disclose a cause of action. That the suit was not maintainable under Section 22 of the Hindu Succession Act, 1956 (hereinafter referred to as the said Act). That the plaintiff/opposite party did not have a preferential right in terms of the said provisions of law. No cause of action had arisen, leading to the filing of the suit. The share of the plaintiff/opposite party was never denied by the defendant/petitioner as would be evident from the averments in the plaint. As such, a suit for declaration and permanent injunction would not be maintainable. The plaintiff/opposite party could not prevent the defendant/petitioner, from disp