PINAKI CHANDRA GHOSE,J. - (1.) This appeal is directed against an order and/or judgment passed by the Hon'ble Single Judge on 4th August 2009 when His Lordship on an application being filed under Order 7, Rule 11 by the defendants-respondents Nos. 1 to 6 for revocation of leave granted under Clause 12 of the Letters Patent as well as for dismissal of the suit being C.S. No 275 of 2007.
(2.) His Lordship after considering the facts allowed the application under Order 7, Rule 11 and held that the suit filed before this Court is a suit for land, the possession whereof is sought is also situate outside the jurisdiction of this Hon'ble Court. Hence, His Lordship was pleased to direct that the plaint filed in C.S. No. 275 of 2007 be returned to appropriate Court and the application so filed in the said suit was also dismissed and the interim orders were vacated.
(3.) His Lordship after hearing the parties held as follows:- "As the suit filed as a suit for land, possession whereof is sought, this Hon'ble Court cannot entertain the suit, as the land is situated outside the jurisdiction of this Hon'ble Court. Accordingly the plaint filed in C.S. No. 275 of 2007 be returned to the appropriate Court. Accordingly, the plaint filled in C.S. No. 275 of 2007 be returned to the appropriate Court. All applications filed in C.S. No. 275 of 2007 shall stand dismissed and interim orders vacated. Having held that the suit filed is a suit for land, the other issues are decided. For all the said reasons this application is allowed and plaint be returned to the plaintiff.";