(1.) In this revisional application the petitioner/defendant no. 3 on being aggrieved by the Order No. 47 dated September 19, 2016 passed by the learned Judge, 6th Bench, City Civil Court at Calcutta in Title Suit no. 703 of 2013 (Anamika Choudhury vs. Embassy Co-operative Housing Society Limited & Ors.) has impugned the said order, inter alia, on the grounds that learned Court below has acted illegally with material irregularity by deciding to hear analogously the petitioner's application under Order 7 Rule 11(d) as well as the application of the petitioner/opposite party for amendment of the plaint under Order 6 Rule 17 of the Code.
(2.) It is contended that the plaint case reveals a challenge of the action on the part of the defendant no. 1 which is a dispute referable to the Registrar under the West Bengal Co-operative Societies Act, 2006 as the suit before the Trial Court is barred under Sections 102 and 145 of West Bengal Co-operative Societies Act, 2006 because the reliefs claimed by the plaintiff in the plaint is against the Co-operative Society and defendant no. 1 of the suit. The cause of action as made out in the plaint is as under
(3.) It would also be apt to reproduce the prayer as made in the plaint as under