LAWS(CAL)-2013-2-103

NICHHETTAR MODERN FABRICATION Vs. MUKTAMONI VANIJYA PVT LTD

Decided On February 13, 2013
Nichhettar Modern Fabrication Appellant
V/S
Muktamoni Vanijya Pvt Ltd Respondents

JUDGEMENT

(1.) This revisional application is directed against Order No. 41, dated January 11, 2013, passed by the Learned Civil Judge (Junior Division), Additional Court, Sealdah, in Title Suit No. 7 of 2012 by which an application under Order 7 Rule 11 of the Code of Civil Procedure is rejected. The plaintiff/opposite party filed a suit for recovery of possession from the suit land upon determination of tenancy under the provisions of Transfer of Property Act.

(2.) The defendant/petitioner, however, entered appearance by filing a written statement in order to contest the said suit.

(3.) Subsequently, an application under Order 7 Rule 11 of the Code is taken out by the defendant/petitioner praying for rejection of the plaint. The said application contains as many as four paragraphs.