- (1.) By the impugned order dated 6th January, 2010 passed by the learned Civil Judge, Junior Division, Fourth Court at Sealdah in Title Suit No. 243 of 2008, the defendant's application under Order 7 Rule 11 of the Civil Procedure Code was rejected by the learned Trial Judge. The defendant No. 8 is aggrieved by the said order. Hence the said defendant has come before this Court with this application under Article 227 of the Constitution of India.
(2.) Heard Mr. Mukherjee, learned Senior Counsel, appearing for the petitioner and Mr. Banerjee, learned Senior Counsel, appearing for the opposite party. Considered the materials on record including the order impugned. Let me now consider the merit of the impugned order in the facts of the instant case.
(3.) The plaintiff is a registered Society. The plaintiff filed the suit for declaration of the lawful right of its members over the suit property and for a further declaration that the deed of conveyance registered in the office of the Registrar of Assurance, Kolkata-II on 31st August, 2007 being No. 853 of 2008 is void, illegal, inoperative and a sham transaction. The plaintiff also prayed for a decree for permanent injunction for restraining the defendant their men and agents from carrying on any measurement over the suit property with the help of the proforma defendant No. 10 with a view to block the entire suit property by constructing the boundary wall thereon and/or from interfering and disturbing the plaintiff's peaceful possession of the suit property.;