MUNMUN MUKHERJEE & ANR Vs. RAJEEB CHATTERJEE

JUDGEMENT

(1.) Leave is granted to the learned advocate-onrecord of the appellants to remove the defect in the memorandum of appeal in terms of the report of the Stamp Reporter dated 18th June, 2015. The instant first miscellaneous appeal is directed against an order being No. 12 dated 8th April, 2015 passed by the learned Civil Judge (Senior Division), Asansol in Title Suit No. 219 of 2013 whereby the plaint filed by the plaintiffs/appellants was rejected under the provision of Order 7 Rule 11 of the Code of Civil Procedure.

(2.) The plaintiffs/appellants filed a suit seeking declaration that the plaintiffs are entitled to rupees thirty lakh from the defendant on account of maintenance. Plaintiffs also prayed for mandatory injunction seeking direction upon the defendant for payment of the said sum of rupees thirty lakh which according to the plaintiff no.1 was allegedly incurred for study and marriage of her daughter, who was impleaded as plaintiff no.2 in the said suit.

(3.) Since ad valorem court fees was not paid on the relief for injunction claimed in the said suit, maintainability of the suit was questioned. Subsequently, the plaintiffs amended their plaint by abandoning the relief for mandatory injunction and converted the suit into a suit for declaration simpliciter. In such a suit, the defendant filed an application under Order 7 Rule 11 of the Code of Civil Procedure on the ground that the suit as framed is not maintainable as it is barred under Section 34 of the Specific Relief Act.