BHABANI KALITA Vs. NIRANJAN MAHANTA

JUDGEMENT

(1.) This is an application under Sec. 115 of the Code of Civil Procedure, 1908 (for short "the Code") seeking revision of the order dtd. 10/8/2023 passed by the learned Civil Judge (Senior Division), Kamrup, Amingaon (hereinafter referred to as "the Trial Court") in Misc. (J) Case No.34/2023 arising out of Title Suit No.116/2022 wherein the application filed by the Petitioner under Order VII Rule 11 (d) read with Sec. 151 of the Code for rejection of the plaint was rejected.

(2.) To decide the legality and validity of the said order impugned in the instant proceedings, this Court finds it relevant to take note of that the instant proceedings relates rejecting an application seeking rejection of the plaint. Considering the scope, this Court would therefore limit itself as to whether from a perusal of the plaint, it discloses that the same is barred by any provisions of law.

(3.) A perusal of the plaint in Title Suit No.116/2022 reveals that the Plaintiff/Respondent herein had entered into an agreement with one Subodh Chandra Kalita (since deceased) who was the husband of the Defendant No.1 in the said suit and the father of the Defendant Nos. 2 to 6. The said agreement was registered bearing Deed No.4972/2006 on 22/5/2006 for sale of 2 Kathas of land covered by Dag No.934 of K.P. Patta No.410 for a consideration of Rs.7,00,000.00 out of which Rs.1,00,000.00 was paid as advance by the Respondent herein to the predecessor-in-interest of the Defendant Nos. 1 to 6.