RINA MUKHERJEE Vs. SABITA MUKHERJEE

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against Order No.12 dated April 18, 2005 passed by Sri A. K. Laha, Civil Judge (Senior Division) 1st Court, Krishnanagore in Title Suit No.159 of 2003. By the impugned order learned Trial Court rejected the application filed by the present petitioner/defendants praying for return of plaint under Order 7 Rule 10 read with 151 C.P.C. and also kept pending an application under Order 14 Rule 2 read with 151 C.P.C. filed by the present petitioner/defendants praying for framing a preliminary issue whether said Court had any territorial jurisdiction to try the suit.

(2.) It is the case of the petitioner/defendants that the present plaintiff/O.P.s. claimed to be alleged first wife and son of late Ram Kinkar Mukherjee and approached his office West Bengal Agro Industries Corporation Limited for payment of his G.P.F. and other money to the O.P./palintiffs and that there were writ cases over the issue and that present defendant No.1 being the nominee was allowed to receive payment of G.P.F. and other dues of late Ram Kinar Mukherjee by the Hon'ble Court vide order dated 04.08.2003 as O.P./plaintiffs failed to bring any succession certificate or any decree of Court showing their entitlement to said money of Ram Kinkar Mukherjee.

(3.) It is a case of the petitioner/defendants that the instant suit being Title Suit No.159 of 2003 in the Court of Krishnanagore was filed praying for declaring O.P./plaintiffs as married wife and son of late Ram Kinkar Mukherjee and also other reliefs against office of late Ram Kinkar Mukherjee alleging that the cause of action lastly arose on 04.08.2003 and subsequently thereafter within the jurisdiction of said Court.