SUBHAS CHANDRA SIL Vs. SUMIK SIL

JUDGEMENT

(1.) This application is at the instance of the defendant and is directed against the order no.38 dated December 13, 2010 passed by the learned Judge, Thirteenth Bench, City Civil Court, Calcutta in Title Suit thereby rejecting an application under Order 7 Rule 11 of the C.P.C. The short fact is that the plaintiff/opposite party and Smt. Ashima Sen filed a title suit being Title Suit for declaration and permanent injunction. In that suit, the defendant/petitioner herein appeared and filed an application under Order 7 Rule 11 of the C.P.C. for rejection of the plaint. That application was rejected by the learned Trial Judge by the impugned order. Being aggrieved, this application has been preferred by the defendant no.2.

(2.) The short question in the matter is that whether the learned Trial Judge is justified in rejecting the application under Order 7 Rule 11 of the C.P.C. filed by the petitioner.

(3.) Upon hearing the learned counsel for the parties and on going through the materials on record, I find that that the said title suit being Title Suit arose out of an matrimonial obligation between the petitioner and his wife, namely, Smt. Ashima Sen.