P. Mandal, J. - (1.) Challenge is to the Order No. 61 dated March 2, 2009 passed by the learned Civil Judge (Junior Division), Kalna, Dist. Burdwan in Title Suit No. 258 of 1998 thereby rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure Court (henceforth shall be referred to as Code of Civil Procedure) filed by the Petitioners.
(2.) The short question involved in the suit is whether a suit for declaration of title, permanent injunction, preemption under Sec. 8 of the W.B.L.R. Act, 1956, a right of preemption under Sec. 4 of the Partition Act in a composite form is maintainable.
(3.) The Plaintiffs/opposite parties herein instituted a suit being Title Suit No. 258 of 1998 against the Petitioners praying for the aforesaid reliefs before the learned Civil Judge (Junior Division), Kalna in a single title suit. In that suit, the Petitioners entered appearance and they filed an application under Order 7 Rule 11 of the Code of Civil Procedure and that application was rejected by the impugned order. Being aggrieved, this application has been preferred.;