SUSHMA SINGH Vs. RABINDRA SINGH

JUDGEMENT

(1.) THE petitioner is the defendant no.3 in Title Suit No.75/2008 pending on the file of the learned Civil Judge (Senior Division), at Sealdah. THE said suit has been instituted by the opposite party no.1 herein against the petitioner and five other defendants for declaration and permanent injunction in respect of the properties mentioned in schedules 'A' and 'B' to the plaint.

(2.) THE defendant no.3/petitioner filed an application under Order VII Rule 11, Civil Procedure Code, 1908 (hereafter the Code) read with Section 151 thereof. THE grounds on which the learned Civil Judge was urged to reject the plaint are two fold viz. i) the suit is barred by limitation; and ii) the suit is hit by Section 34 of the Specific Relief Act, 1963 (hereafter the Act).

(3.) THIS order dated May 15, 2010 is under challenge in the present application under Article 227 of the Constitution.