(1.) The plaintiff/appellant has called in question the order dtd. 28/4/2022 passed by the learned Civil Judge, Senior Division, 5th Court, Alipore in Title Suit No. 1244 of 2019 whereby at the interlocutory stage, considering the entire merit of the matter, the learned Court below suo moto rejected the plaint in limini invoking the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short, the Code).
(2.) Sans unnecessary details, facts required to be frescoed for the purpose of effective adjudication of the appeal are as follows:
(3.) The Suit was initially registered as Title Suit no. 5652 of 2019 and the same was transferred to the learned Court below and was renumbered as Title Suit no. 1244 of 2019.
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