AMRITAMAY GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is a re visional application under section 115 of the Code of civil Procedure against an order passed by the learned Munsif at Bongaon in Title Suit No. 232 of 1973 declaring that the suit abated in view of section 57b of the West Bengal estates Acquisition Act. The petitioner is the plaintiff of the suit.

(2.) IN the suit filed by the plaintiff the defendant contested and a question arose whether the suit was maintainable in view of section 57b of the West Bengal Estates Acquisition Act which speaks about certain bar to jurisdiction of Civil Courts in respect of certain matters mentioned in that section. Several issues were framed in the suit and issue no. 3 was framed as to the maintainability of the suit. The matter was heard and the issue no. 3 was decided against the plaintiff in terms of section 57b of the West Bengal estates Acquisition Act and the learned Munsif declared "the suit abates". Against the said order the present re visional application has been filed.

(3.) I have heard Mr. Mitra, the learned advocate appearing on behalf of the petitioner but nobody appears on behalf of the opposite party-defendant.