DINESH BURMAN Vs. SUPER COMPLEX PVT LTD

JUDGEMENT

(1.) WE have heard Mr. Jiban Ratan Chatterjee, the learned senior Counsel for the appellant-petitioners and also Mr. Aniruddha Chatterjee for the respondent-opposite party in connection with this miscellaneous appeal and the connected CAN No. 9259 of 2006.

(2.) THE present miscellaneous appeal was directed against an order rejecting the plaint of the present appellant-petitioners whereunder the learned Court below held after considering the application filed by the respondent opposite party that the plaint as filed by the appellant-petitioners was liable to be rejected in view of the Order 7 Rule ll (l) (d) of the Code of Civil Procedure since the reliefs sought for in the plaint on the alleged cause of action were barred under section 44 of the West Bengal Premises Tenancy Act of 1997.

(3.) THE appellant-petitioners being dissatisfied with the rejection of their plaint have preferred this miscellaneous appeal and Mr. Jiban Ratan Chatterjee, the learned Senior Counsel appearing for the appellant-petitioners submits before us that the order impugned in this appeal cannot be sustained either in fact or in law.