BISWANATH BANIK Vs. SULANGA BOSE

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Calcutta in C.O. No. 1417 of 2017 by which the High Court has allowed the said petition and has quashed and set aside the order passed by the trial court refusing to reject the plaint in exercise of powers under Order VII Rule 11 of Code of Civil Procedure, 1908 (CPC) and consequently has rejected the plaint under Order VII Rule 11 CPC mainly on the ground that the suit is barred by limitation and that a suit for a declaration simpliciter under Sec. 53A of the Transfer of Property Act would not be maintainable as against the actual owner, the original plaintiffs have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:-

(3.) Shri Ankur Sood, learned counsel appearing on behalf of the appellants has vehemently submitted that in the facts and circumstances of the case, the High Court has erred in allowing the application under Order VII Rule 11 CPC and rejecting the plaint on the ground that the suit is barred by limitation. It is submitted that while holding that the suit would be barred by limitation, the High Court has not at all considered the entire suit averments and has not considered the averments in the plaint as a whole.