SUDAM CHANDRA MALAKAR Vs. ARUNDHUTI SEN AND ANR.

JUDGEMENT

(1.) Not only an interesting but an important point is raised in this application, which is primarily an application for rejection of the plaint or, in other words, taking the plaint off the file. The plaintiff filed a suit for specific performance of an agreement for sale with other consequential reliefs being CS No. 30 of 2013.

(2.) In the instant application for rejection of plaint, it is stated that prior to the filing of the instant suit, the plaintiff instituted Title Suit No. 1463 of 2012 before the City Civil Court at Calcutta for declaration that the oral agreement dated 22nd May, 2012 is binding upon both the parties and permanent injunction against the applicant and other defendants herein from transferring and/or entering into any agreement for sale in respect of the property mentioned herein. Admittedly, properties involved in both the suits are identical and similar. The earlier suit filed before the City Civil Court though in the nature of a declaration, but with intent to achieve the same reliefs for which the instant suit is filed subsequently.

(3.) The point which assumes significance is whether the suit filed before this Court subsequent to filing of the suit before the city Civil Court is hit by provisions of Order 2, Rule 2 of the Code of Civil Procedure. Before addressing those issues, it would be relevant to narrate sequence of events for such limited purposes.