TARGET CONSTRUCTION Vs. MALABIKA MAITY AND OTHERS

JUDGEMENT

(1.) The appeal arises out of the rejection of a petition that was originally fashioned as one under Section 47 of the Code of Civil Procedure, but was later required to be regarded as one under Order XXI Rule 58 thereof.

(2.) The property in question is the land and buildings used as a cold storage and is in Village Baikunthapur, P.O. Sankarpur, P.S.- Daspur, District Paschim Medinipur.

(3.) The appellant herein instituted a money suit in the year 2003 in a court in Ghatal, claiming a principal sum of Rs.70,96,857.90/-. The claim was on account of the balance dues for the construction of the cold storage and ancillary works. The plaint relating to the suit included a schedule describing the cold storage and the land relating thereto. Such suit was decreed on October 12, 2004 on the following lines: