RABINDRA NATH HALDER Vs. AJOY KUMAR DEBNATH

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution of India is directed against the order being No. 34, dated October 19, 2006 passed by the learned Civil Judge (Senior Division), 4th Court, Alipore in Money Suit No. 2 of 2004 refusing the prayer of the petitioner/defendant No. 1 to frame two preliminary issues relating to jurisdiction of the Court to try the suit.

(2.) The circumstances leading to the above application are that the O.P./plaintiffs instituted the above suit for realization of Rs. 7 lakh towards advance (Rs. 5 lakh) for a flat, interest @ 18% p.a. and damages, as the O.P./defendant No. 1 failed to construct and hand over the flat in question within the stipulated period as per agreement. The petitioner after entering appearance filed a petition under Order 14 Rule 2 read with section 151 CPC praying for framing two issues on the question of jurisdiction of the Court to try the suit in view of the provisions of West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, hereinafter referred to as the said Act, which was turned down by the impugned order.

(3.) Being aggrieved by the said order, the petitioner has landed in this Court.