ADYTI GHOSH Vs. SUJATA BANERJEE

JUDGEMENT

(1.) THE petitioner is the defendant no.2 in Title Suit No.67 of 2007, pending on the file of the learned Civil Judge (Senior Division), 6th Court at Alipore. THE suit is one for eviction of the defendants on the ground of expiry of lease by efflux of time. THE suit has been valued at Rs. 61,000/-, segregated in the following manner :

(2.) AN application was filed by the defendant no.2/petitioner under Order VII Rule 10, Civil Procedure Code (hereafter the Code) for returning the plaint to the plaintiff/opposite party no.1 (hereafter the plaintiff) for its presentation to the Court of the lowest grade having jurisdiction to try the said suit. Before the learned trial Judge, contention was raised on behalf of the defendant no.2/petitioner that foundation of the plaintiffs claim on account of damages was lacking in the plaint and that such claim had been included only for avoiding a particular forum. The application was rejected by the learned trial Judge by an order dated May 7, 2008. He held that whether any case for damages had been made out or not would be considered at the time of trial of the suit and not at the stage the application for return of plaint was being considered.

(3.) THE application came up for consideration before the learned trial Judge on April 19, 2010. It was contended on behalf of the defendant no.2/petitioner that since the application for amendment had not been filed within the time frame fixed by this Court, the plaint ought to be returned for presentation before the appropriate court having jurisdiction.