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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Wilman Associates India Pvt. Ltd. – Appellant
Versus
Susanta Roy Kayal – Respondent
Judgement :
CHAITALI CHATTERJEE DAS, J.
1. This application under Article 227 of the constitution of India has been filed against an order dated January2nd, 2014 passed by the Learned Civil Judge, Junior Division, 6th Court at Alipore in Tittle suit no 26 of 2007 whereby the petition filed under order 7 Rule 11 CPC was rejected on contest.
2. Shorn of any details the case of the petitioner is as follows:-
a) Original suit being title suit No. 26 of 2007 was filed by the plaintiffs/Opposite Party no 1 ,2, and 3 against the defendant Opposite Party No. 4 and 5 for declaration and injunction describing themselves as Bargadars on the suit land. The said suit was withdrawn by the plaintiff themselves and the Learned Court by order No. 19 dated January14, 2008 recorded the grounds of dismissal of the suit stating that the disputes have been settled between the parties out of Court, hence the suit be and the same is dismissed for non-prosecution as prayed for.
b) The petitioner No. 1 Company purchased the suit property by virtue of two registered deeds of conveyance both dated 12th May, 2008 and at the said material point of time the suit was not there and was withdrawn. Prior to purchase the
The civil court lacks jurisdiction to adjudicate disputes regarding Bargadarship per Section 21(1) of the West Bengal Land Reforms Act, 1955.
The main legal point established is that possession and fraudulent nature of legal documents can influence the court's decision, and the applicability of specific legal provisions must be carefully c....
(1) Suit not barred under the proviso to under Section 34 of the Specific Relief Act.(2) Appellants cannot challenge the said finding of the trial court and urge that the compromise petition was lega....
Suit barred due to lack of objection against record of rights; civil court jurisdiction excluded under specific statutory provisions.
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
A plaint must be deemed to disclose a cause of action if the statements therein, taken as true, allow for a claim to proceed, regardless of subsequent merits, as defined under CPC.
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