LAWS(CAL)-1993-2-21

CHITTARANJAN PAL Vs. SANDHYA RANI MODAK

Decided On February 03, 1993
CHITTARANJAN PAL Appellant
V/S
SANDHYA RANI MODAK Respondents

JUDGEMENT

(1.) The plaintiffs-petitioners filed SCC Suit No. 4 of 1977 in the Court of Second Munsif, Basirhat against Smt. Sandhya Rani Modak for recovery of rent. During the pendency of the suit an application was filed for return of the plaint under section 23 of the Provincial Small Causes Court Act, 1887 by the defendant. The Learned Munsif has been pleased to return the plaint to the Learned Lawyer for the plaintiffs for presentation before the proper Court.

(2.) Being aggrieved by and dissatisfied with the said order the plaintiffs in the suit has filed an application under section 25 of the Provincial Small Causes Court Act, 1887 for setting aside the order. This application has been registered as C.R. No. 1770 of 1980.

(3.) The plaintiffs-petitioners filed another Suit being SCC Suit No. 6 of 1977 in the Court of the Learned Munsif, 2nd Court a Basirhat against Md. Samjed Ali alias Samsel Ali for realisation of arrear rents. The O.P. filed written statement to contest the suit. During the pendency of the Suit an application under section 23 of the Provincial Smal l Causes Court Act, 1887 was filed by the defendants for return of the plaint. The Learned Munsif has been pleased to direct to return of the plaint for presentation before the proper Court.