Judgment:

(Per Justice Moushumi Bhattacharya)

The Appeal Suit arises out of the order and decree dated

06.01.2024 rejecting the appellants’ plaint in O.S.No.80 of 2021 on an Application made by the defendants (respondents herein) under Order VII Rule 11 (a) and (d) of The Code of Civil Procedure, 1908 (C.P.C.).

2. The appellants (plaintiffs) had approached this Court in an earlier Appeal Suit in 2023 (A.S.No.327 of 2023) challenging the order dated 05.06.2023 passed by the Trial Court rejecting the plaint on the respondents’ Application under Order VII Rule 11 of the C.P.C. A Co-ordinate Bench disposed of the said Appeal by the judgment dated 09.10.2023 by setting aside the order dated 05.06.2023, impugned in that Appeal, and remanding the matter to the Trial Court for re-examining the Application filed by the respondents/defendants under Order VII Rule 11 of the C.P.C. and pass a fresh order in accordance with law.

3. The present Appeal is therefore from a second-look at the respondents’ Application for rejection of the appellants’ plaint on the ground of the plaint not disclosing a cause of action and being barred by law: Order VII Rule 11(a) and (d) of the C.P.C, respectively.

4. Lea