RAJIB BAROOAH Vs. B AND A LTD.

JUDGEMENT

(1.) Heard Mr. B. J. Ghosh, learned counsel for the petitioner. Also heard Mr. W. Sarma, learned counsel for the respondent.

(2.) Impugned order is against the rejection of an application under Order 7 Rule 11 of the CPC filed by the defendants/petitioners in T. S. No. 21/2015 in the court of learned Civil Judge requiring recording of the pleadings in the plaint in order to decide this revision petition. The petitioners are the defendants in Title Suit No. 21/2015 filed by the respondent plaintiff in the Court of learned Civil Judge, Jorhat. The relief sought for in the said suit is for specific performance of contract, injunction and for absolute possession etc.

(3.) In the plaint it is pleaded that on or about February, 2002 an agreement was duly entered into and executed by and between one Rohitas Barooah and the plaintiff Company for the purpose of maintenance and development of the tea estate under the name and style Kamarbund Tea Estate. Subsequently another agreement was duly executed and entered into by and between the said deceased Rohitas Barooah and the plaintiff Company on February 28, 2004. The copy of the said agreement dated 28.2.2004 is annexed to the plaint. As per stipulation made in the agreement dated 28.2.2004 the plaintiff would look after the maintenance and other development work etc including production of green tea leaf under the terms and conditions mentioned therein.