JUDGMENT :

DEBANGSU BASAK, J.

1. A defendant in a suit for declaration, injunction and cancellation of title deed has assailed the order No. 35 dated October 1, 2024 passed by the learned Civil Judge Senior Division at Jalpaiguri in Title Suit No. 155 of 2019.

2. For the sake of convenience parties herein are referred to as ‘plaintiff’ and ‘defendant’ in the manner as they are appearing in the title suit.

3. Learned advocate appearing for the defendant has submitted that, the defendant filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 stating that, the plaint filed by the plaintiffs did not disclose any cause of action. He has referred to the allegations made in the plaint. He has also referred to the contentions of the defendant in the application under Order 7 Rule 11 of the Code of Civil Procedure, 1908. He has pointed out that, the application of the defendant was filed on January 13, 2020. He has also pointed out that, the plaintiffs had filed an application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 on January 27, 2020.

4. Relying upon 2023 Volume 4 Calcutta High Court Notes 320 (Shri Kamal Kishor Jhawar vs. Shri Sunil Jhawar and other