(1.) Three applications have been filed in the suit. The first application in order of time is the plaintiff's injunction application being IA No. GA 1 of 2022. IA No. GA 2 of 2022 is defendants' application for vacating the order of injunction passed in the plaintiff's application. The third application being IA No. GA No. 3 of 2022 is defendants' application for rejection of plaint. This application by the defendant nos. 1 and 3 inter alia for rejection of plaint and in the alternative for return of the plaint to the appropriate court is taken up first as the decision in the same will have a significant impact on the other two applications. These two applications will be dealt in the later part of this judgment. A fourth application of 2023 has been filed by the plaintiff subsequent to the hearing of the three applications inter alia for amendment of the plaint due to developments post hearing.
(2.) In the suit the plaintiff, a company within the meaning of the Companies Act, 2013 has claimed the following relief(s):
(3.) On a perusal of the plaint it appears that the plaintiff company claims to be the owner of a land measuring about 121.75 decimals (equivalent to 73.875 cottahs) comprised of RS/LR Dag nos. 978, 1037, 1036, 1042, 1043, 1044, 903, 953, 961, 1047, 1061, 1062, 959, 1041, 1060, 1096, 1097, 1098, 1100, 1103, 1110, 1178, 1195 and 1198 recorded in LR Khatian nos. 2164 and 2085 Mouza Mohammadpur, JL no. 32 under P.S. Rajarhat-742121 (hereinafter referred to as the subject property). The plaintiff also claims that its name is recorded in the municipal records of Rajarhat-Gopalpur Municipality in respect of the subject property.