HIMUNGSU KUMAR BASU Vs. SUDHANGSU KUMAR BASU

JUDGEMENT

(1.) THIS first miscellaneous appeal arises out of a judgment and order of remand passed by the 14th Additional District Judge, Alipore, South -24 Paraganas, Calcutta. A very interesting and important question of law is germane for the purpose of due consideration by this Court.

(2.) A suit has been instituted by the respondent/plaintiff in the Court of first instance for the purpose of administration, accounts and various other consequential relief in connection thereto. The reliefs as prayed in the suit are as follows :

(3.) BEFORE me, Mr. Jayanta Kumar Mitra, Learned Senior Counsel ably assisted by Mr. Malay Kumar Ghose, learned Counsel appearing for the appellant and Mr. Asish Bagchi, learned Counsel ably assisted by Mr. Amal Krishna Saha, learned Counsel appearing for the respondent extensively argued the matters on the point. However, before going into their arguments let me test the valuable parts of the plaint which is the root cause for making such application under Order 7 Rule 11 of the Code of Civil Procedure. The important part being paragraph 7 and part of paragraph 8 are set out hereunder: