- (1.) This application is at the instance of the defendant and is directed against the order dated October 4, 2010 passed by the learned Civil Judge (Junior Division), 3 rd Court, Sealdah in Title Suit No.172 of 2009 thereby rejecting an application for rejection of plaint.
(2.) The plaintiff / opposite party herein instituted a suit being Title Suit No.172 of 2009 against the petitioner for declaration, permanent injunction and other reliefs. In course of business transaction, the parties entered an agreement. The petitioner paid a sum of Rs.15 lakhs by a cheque dated April 22, 2008 to the plaintiff / opposite party and the plaintiff in a return issued two cheques for Rs.15 lakhs dated November 30, 2008 as refund of the principal cheque and another cheque of Rs.16.5 lakhs only as anticipated profit on December 20, 2008. The defendant / petitioner herein presented those two cheques to his bank. Those two cheques were dishonoured and then the lawyer of the petitioner issued two letters dated April 2, 2009 demanding payment from the plaintiff / opposite party herein the sum of Rs.15 lakhs and Rs.16.25 lakhs respectively within 15 days of the receipt of the same failing which it was threatened that action under Section 138 of the Negotiable Instruments Act, 1881 would be taken. On getting such notice, the plaintiff filed instant suit for declaration that the said cheques to be treated as cancelled and other consequential reliefs.
(3.) The defendant filed an application under Order 7 Rule 11 of the C.P.C. and that application was rejected by the impugned order with costs. Being aggrieved, this application has been preferred.;