NIDHI AGARWAL Vs. ASIT BARAN DE

JUDGEMENT

(1.) The revisional application has been filed by some of the defendants in the suit, challenging an order dated January 20, 2023, passed by the learned Civil Judge, Small Causes Court at Sealdah in Title Suit No. 25 of 2017. By the order impugned, the learned court rejected an application under Order 7 Rule 11 of the Code of Civil Procedure.

(2.) The application for rejection of plaint was filed on two grounds, namely, lack of jurisdiction and bar under Sec. 34 of the Specific Relief Act, 1963, for non-inclusion of a prayer of recovery of possession.

(3.) According to the learned court below, the suit would continue before the Provincial Small Causes Court on the strength of the order of transfer of the suit by the learned District Judge in his administrative capacity vide Order No. 196-G dated March 15, 2017.