SUBHAS KUMAR Vs. MANI SQUARE LIMITED

JUDGEMENT

(1.) The revisional application arises out of an order dated March 6, 2024, passed by the learned Judge Commercial Court at Alipore in T.S. (Com) No. 48 of 2023. By the order impugned, the Learned Court rejected an application under Order 7, Rule 11, read with Sec. 151 of the Code of Civil Procedure. The application was registered as I.A. No.05 of 2023. It was filed by the defendant Nos. 2 to 6/petitioners.

(2.) The petitioners herein prayed for rejection of the plaint. The learned Court was of the view that the questions of limitations, non-disclosure of cause of action etc., were mixed questions of law and fact and should be decided on evidence. Upon a meaningful reading of the plaint, the learned Court opined that the plaint disclosed a cause of action. Whether the plaintiff would ultimately succeed or not, would be a matter of trial and not the subject matter of an enquiry under Order 7 Rule 11 of the Code of Civil Procedure.

(3.) Aggrieved by the aforementioned order, the petitioners have approached this Court seeking rejection of the plaint.