- (1.) The jurisdiction exercised under order no. 57 dated 28.04.2006 by the learned Civil Judge (Senior Division), 2nd Court at Alipore in trying Title Suit No. 58 of 2001 has been assailed in this application under Article 227 of the Constitution.
(2.) The petitioner/ defendant no. 2 contends that the plaintiff/ respondent no. 1 filed Title Suit No. 58 of 2001 before the learned Civil Judge (Senior Division), 2nd Court at Alipore with a prayer for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 CPC in 2001. In the said suit there was prayer for temporary injunction restraining the defendant no. 1 from either encumbering or transferring or parting with the possession of the C schedule property measuring about 4.4 acres of land appurtenant to plot no. G, Salt Lake, Sector V of Bidhannagar in the district of North 24 Parganas.
(3.) It is further submitted that a deed of surrender was executed between the petitioner herein and proforma respondent Siemens Public Communication Network Limited (formerly known as Siemens Communication Software Limited) (defendant no. 1) on 18th September, 2001 in terms of which the said proforma respondent surrendered 3.7686 acres of land to the petitioner. The said land has thereafter been allotted in favour of Infinity Infotech Parks Limited and Satyam Computers Limited for setting up their information technology industry. The property in dispute situates within the district of North 24 Parganas but the suit was filed in the district of South 24 Parganas at Alipore. The plaintiff/ petitioner herein filed an application under Order 7 Rule 10 read with Section 151 CPC before the learned Court below praying for return of the plaint to the court of competent jurisdiction. The said application was, however, rejected directing the plaintiff/ respondent no. 1 to serve a copy of the plaint upon the petitioner.;