- (1.) A very interesting question of law is involved in this application filed under Article 227 of the Constitution of India challenging order dated 1st August, 2003 passed by the learned Civil Judge (Senior Division), 3rd Court at Howrah in connection with Title Suit No. 112 of 2002.
(2.) Opposite Party No. 1 of the present application filed Title Suit No. 112 of 2002 on behalf of family deity representing herself as sebait/next friend of the deity for declaration and injunction in respect of the property in dispute and the declaration prayed for related to the character of the suit property. One of the defendant in that suit is contesting the suit by filing written statement and defendant Nos. 4 to 13 and 15 and 16 of the said suit did not file any written statement and when the suit was fixed for ex parte disposal against them, they came forward and filed an application for rejection of the plaint under Order 7 Rule 11(d) of the Code of Civil Procedure.
(3.) It was the specific case of defendant Nos. 4 to 13 and 15 and 16 who figured as petitioners of the present application that the suit is not maintainable in its present form as the plaintiff Smt. Pritikana Ghosal is not a sebait of the alleged debutter property and not being a sebait, she has not obtained any permission of the Court before institution of the suit as next friend of the deities and as a person interested in preservation of the debutter property and performing the seva puja of the deities.;