TRIDIB KUMAR CHAKRABORTY Vs. RADHA GOBINDA JEW THAKUR

JUDGEMENT

(1.) Order impugned dated 23rd February, 2012 passed by the learned Civil Judge, Senior Division, 2nd Court at Howrah reversing the order of the learned Civil Judge, Junior Division, 4th Court at Howrah, allowing petitioners' application under Order 7 Rule 11(d) and under Order 7 Rule 10 read with Section 151 of the Code of Civil Procedure is under challenge in this revisional application.

(2.) Mr. Majumdar, learned Counsel appearing for the petitioners submits that the learned Trial Court after proper adjudication of the application filed for rejection and/or return of the plaint passed an order for returning the plaint on the ground of lacking jurisdiction since the plaintiff has made a prayer for declaration that the property is a public debottar property. He submits that the suit is not maintainable before the learned Trial Court and that is why the plaint was returned.

(3.) Being aggrieved by and dissatisfied with the order of the plaintiff filed a miscellaneous appeal before the learned Appellate Court and the learned Appellate Court has reversed the order passed by the learned Trial Court and has come to a conclusion that the learned Trial Court has gone wrong and the order passed by the learned Court is not sustainable since the learned Trial Court without going into trial has come to a decision that the property is a public debottar property and the dedication is complete not partial.