AD -19

Ct No.16

14.01.2026

(SSS)

SAT 280 of 2025

with

CAN 1 of 2025

Taraknath Pyne

Vs.

Apurba Ash and Ors.

Mr. Partha Pratim Roy, Mr. Kushal Chatterjee,

Mr. Sibashis Chowdhury

….For the appellant.

Mr. Pinaki Ranjan Mitra

….For the respondent no. 1.

1. Leave is granted to the learned advocate-on- record for the appellant to rectify the defect regarding the preamble of the memorandum of

appeal during the course of the day.

2. At the outset, a question of maintainability

arises with regard to the present second appeal.

3. The brief backdrop is that in a suit filed by the respondents herein, an application filed by the present appellant (defendant in the suit) under Order VII Rule 11 of the Code of Civil Procedure

was allowed, thereby rejecting the plaint.

4. Against such deemed decree, a regular first appeal was preferred by the respondents which, by the impugned judgment, was allowed on contest by the First Appellate Court, thereby

setting aside the deemed decree of rejection of plaint, giving rise to the present second appeal.

5. Learned counsel appearing for the appellant, in support of the maintainability of the present second appeal, cites a three-Judge Bench decision of this Court in the matter of De