ARCHANA MAJI Vs. BHIM PRASAD MANNA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is at the instance of the defendant nos.1(ka), 1(kha) and 1 (ga) and is directed against an order being No.9 dated July 5, 2023 passed by the learned Civil Judge (Senior Division), 1stCourt, Tamluk, District-Purba Medinipur in OS No.11 of 2022.

(2.) By the order impugned, the application under Order VII Rule 11(d) of the Code of Civil Procedure, at the instance of the petitioners, stood rejected. By the later portion of the said order, the petition dtd. 1/8/2022 filed by the plaintiff/opposite party herein stood allowed.

(3.) The opposite party herein instituted a Title Suit being No.2 of 2012 before the Court of the learned Civil Judge (Junior Division), Additional Court, Tamluk. The plaint of the said suit was returned to the plaintiff/opposite party herein with a direction to present the same to the court in which the suit should have been instituted within one month from the date of the Order No.180 dated May 30, 2022. Thereafter, the plaint of the instant suit being OS No.11 of 2022 was filed before the Court of the learned Civil Judge (Senior Division), 1stCourt, Tamluk, District-Purba Medinipur on 1/8/2022.